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Orrante v. Henry

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 29, 2009

ARLEEN ADELA ORRANTE, PETITIONER,
v.
GLORIA HENRY, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Honorable David O. Carter United States District Judge

(PROPOSED) ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition") and all of the records herein, including the attached Report and Recommendation of United States Magistrate Judge ("Report and Recommendation"), and petitioner's objections to the Report and Recommendation ("Objections"). The Court has further made a de novo determination of those portions of the Report and Recommendation to which objection is made. The Court concurs with and adopts the findings, conclusions, and recommendations of the United States Magistrate Judge and overrules the Objections except to the extent the Report and Recommendation refers to a stipulation that the victim was shot "in the head," rather than to a stipulation that the victim was shot. (Report and Recommendation at page 13, line 25, page 14, line 13, and page 15, line 20). This Court adopts the Report and Recommendation except the three foregoing references to "in the head."

IT IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice.

IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Report and Recommendation, and the Judgment herein on counsel for petitioner and respondent.

LET JUDGMENT BE ENTERED ACCORDINGLY.

20090929

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