Howard v. Adams

Full title: DEANDRE MAURICE HOWARD, Petitioner, v. DERRAL G. ADAMS, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California, Western Division

Date published: Dec 29, 2011

CV 07-2680-VAP (SH) (C.D. Cal. Dec. 29, 2011)

Opinion

DEANDRE MAURICE HOWARD, Petitioner, v. DERRAL G. ADAMS, Warden, Respondent. No. CV 07-2680-VAP (SH) United States District Court, C.D. California, Western Division. December 29, 2011

          ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          VIRGINIA A. PHILLIPS, District Judge.

         Pursuant to 28 U.S.C. Section 636(b)(1)(C), the Court has reviewed the Petition, all of the records and files herein and the attached Final Report and Recommendation of the United States Magistrate Judge, following Evidentiary Hearing, and has made a de novo determination of the Report and Recommendation. The Court concurs with and accepts the conclusions of the Magistrate Judge.

         IT IS ORDERED that the Petition filed herein is granted and respondent is ordered to release petitioner Howard from custody unless the State elects to commence retrial proceedings within 90 days.

         IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Magistrate Judge's Final Report and Recommendation and the Judgment herein by the United States mail on petitioner and counsel for respondent.

         LET JUDGMENT BE ENTERED ACCORDINGLY.