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Pitts v. Woodford

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


September 15, 2009

JERRY F. PITTS, PETITIONER,
v.
JEANNE WOODFORD, DIRECTOR OF CORRECTIONS, RESPONDENT.

The opinion of the court was delivered by: Honorable Dale S. Fischer United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's final report and recommendation, and the objections to the report and recommendation that have been filed herein. The Court agrees with the recommendations of the magistrate judge, with the following modifications (the modifications being italicized):

1. Page 2, line 8: "petitioner personally discharged a firearm that caused great bodily injury or death."

2. Page 27, lines 25-27: "McAllister's other testimony that was inculpatory toward petitioner was either not hearsay, as it consisted of her own personal observations, or was an exception to the hearsay rule, as it consisted of her own excited utterance to petitioner."

ACCORDINGLY, IT IS ORDERED:

1. The final report and recommendation is adopted, as modified herein.

2. Judgment shall be entered consistent with this order.

3. The clerk shall serve this order and the judgment on all counsel or parties of record.

20090915

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