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Wilson v. Harrison

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 25, 2010

ROBERT ALAN WILSON, PETITIONER,
v.
CHARLES HARRISON, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Philip S. Gutierrez 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 and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.

Accordingly, IT IS ORDERED THAT:

1. The Petition is GRANTED as to Ground Two only.

2. The Petition is DENIED in all other respects.

3. This matter is remanded to the state trial court for resentencing in a manner consistent with the Report and Recommendation.

4. Petitioner is ordered released from custody to the extent that he is confined solely on the basis of his conviction for resisting an executive officer if and only if, within 120 days of the entry of judgment, the State does not resentence Petitioner in a manner consistent with the Report and Recommendation.

5. The Clerk shall serve copies of this Order by United States mail on counsel for Petitioner and Respondent.

20100525

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