Grajeda v. Biter

Full title: TOMAS GRANDE GRAJEDA, JR., Petitioner, v. M.D. BITER, Respondent.

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: May 3, 2017

Case No. EDCV 14-2500-JLS (LAL) (C.D. Cal. May. 3, 2017)

Opinion

Case No. EDCV 14-2500-JLS (LAL)

05-03-2017

TOMAS GRANDE GRAJEDA, JR., Petitioner, v. M.D. BITER, Respondent.

HONORABLE JOSEPHINE L. STATON UNITED STATES DISTRICT JUDGE

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, Petitioner's Objections to the Report and Recommendation, and the remaining record, and has made a de novo determination.

Petitioner's Objections generally lack merit for the reasons set forth in the Report and Recommendation.

Accordingly, IT IS ORDERED THAT:

1. The Report and Recommendation is approved and accepted;

2. Judgment be entered (1) discharging Petitioner from all consequences of the street gang allegation appended to his conviction for carrying a loaded firearm in public in San Bernardino County Superior Court Case No. FVA-025452, vacating the portion of his sentence based thereon, and requiring the San Bernardino County Superior Court to

resentence Petitioner accordingly within sixty (60) days; and (2) denying the Petition in all other respects; and

3. The Clerk serve copies of this Order on the parties.

DATED: May 3, 2017

/s/_________

HONORABLE JOSEPHINE L. STATON

UNITED STATES DISTRICT JUDGE