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Crook v. Tilton

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 3, 2009

LYLE A. CROOK, PETITIONER,
v.
JAMES E. TILTON, CDC SECRETARY, RESPONDENTS.

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

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

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all the records and files herein, the Report and Recommendation of the United States Magistrate Judge, and the objections filed by Petitioner, de novo. The Court concurs with and adopts the findings, conclusions, and recommendations of the Magistrate Judge, with the following revisions:.

p. 6, ln. 9: "proceedings" should be "proceeding";

p. 8, ln. 11: the reference should be to the Petition at 1;

p. 8, lns. 17-20: the quotation should read "had Leon Taft testified at trial . . . the jury in all probability would have (1) acquitted the Petitioner on the basis that the shooting was an act of self defense, or (2) found him guilty of voluntary manslaughter on the theory of unlawful imperfect self defense.";

p. 9, ln. 27: "innocence" should be "guilt";

p. 10, ln. 5: "showing" should be "as";

p. 10, ln. 14: "(9th Cir. 1993)" should be added to the citation;

p. 11, ln. 6: "the" should be inserted before "prosecution's";

p. 12, ln. 11: "id." should be Strickland, 466 U.S. at 687-88.

IT IS ORDERED that Judgment be entered: (1) approving and adopting this Report and Recommendation; and (2) denying the Petition and dismissing this action with prejudice.

20091103

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