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Drew v. Kathleen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 22, 2007

KENNETH D. DREW, PETITIONER,
v.
KATHLEEN RESPONDENT.

The opinion of the court was delivered by: Hon. Dana M. Sabraw United States District Judge

ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND (2) DENYING PETITION FOR PROSPER WRIT OF HABEAS CORPUS

On August 9, 2006, Petitioner Kenneth Drew, a state prisoner proceeding pro se, filed a First Amended Petition ("FAP") for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner asserts two grounds for relief: (1) his right to a jury trial was violated "with upper term imprisonment, not found by a jury" and (2) he "successfully complied with all terms of probation in plea entered 9-22-99." (FAP at 6-7.)

On January 22, 2007, Magistrate Judge William McCurine, Jr. issued a Report and Recommendation, recommending that the Court: (1) grant Respondent's motion to dismiss the petition and (2) dismiss the petition with prejudice. This Court, having reviewed de novo the Magistrate Judge's Report, and there being no objections filed to the Report, adopts the recommendation in full and DENIES the petition for a writ of habeas corpus with prejudice. The Clerk of the Court shall enter judgment accordingly, and terminate this case.

IT IS SO ORDERED.

20070222

© 1992-2007 VersusLaw Inc.



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