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Figueroa v. Harrington

November 25, 2009

RAFAEL HUMBERTO FIGUEROA, PETITIONER,
v.
KELLY HARRINGTON, WARDEN, RESPONDENT.



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

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE WITH NON-MATERIAL MODIFICATIONS

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 petitioner's objections to the report and recommendation.

Subject to the non-material modifications identified below, the court concurs with and adopts the findings, conclusions, and recommendations of the magistrate judge.

IT IS ORDERED that:

1. The report and recommendation is accepted with the following modifications, see 28 U.S.C. § 636(b)(1)(C), which are not material to the court's decision:

* At page 6, line 4, "502 U.S. 67-68" has been replaced with "502 U.S. 62, 67-68 (1991)";

* At page 6, lines 7-8, "Estelle v. McGuire, 502 U.S. 62, 68 (1991)" has been replaced with "Id. at 68";

* At page 9, line 9, the word "id." has been changed to "opinion";

* At page 13, line 11, the word "opinion" has been changed to "id."; and

* At page 15, line 15, "," has been inserted after the word "suggestive."

2. Judgment be entered denying the petition for writ of habeas corpus and dismissing this action with prejudice.

20091125

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