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Hickey v. Davison

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


September 14, 2007

LISA MARIE HICKEY, PETITIONER,
v.
DAWN S. DAVISON, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Hon. Roger T. Benitez United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION DENYING PETITION FOR A WRIT OF HABEAS CORPUS

Petitioner Lisa Marie Hickey ("Petitioner") filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 ("Petition"), challenging her conviction for manufacturing methamphetamine. Respondent answered. Petitioner presents two grounds for habeas relief. In ground one, Petitioner contends that the trial court violated her federal due process rights by incorrectly instructing the jury on the elements of manufacturing methamphetamine. In ground two, Petitioner argues that the trial court violated her federal due process rights by failing to give sua sponte a lesser-included offense instruction.

On June 21, 2007, Honorable Magistrate Judge Barbara Lynn Major issued a thoughtful and thorough Report and Recommendation ("Report"), recommending the Petition be denied in its entirety. No objection to the Report has been filed. Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has reviewed Report. Good cause appearing, the Court concurs with and adopts the Report in its entirety.

Accordingly, the Petition is DENIED in its entirety. The Clerk shall close the file.

IT IS SO ORDERED.

20070914

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