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McGee v. Kirkland

June 18, 2010

BRIAN MCAUTHOR MCGEE, PETITIONER,
v.
RICHARD KIRKLAND, WARDEN, RESPONDENT.



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

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND FINAL 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, de novo. The Court concurs with and adopts the findings, conclusions, and recommendations of the Magistrate Judge,

IT IS ORDERED that Judgment be entered: (1) approving and adopting this Final Report and Recommendation; (2) directing that Judgment be entered granting the Petition and ordering Respondent to release Petitioner unless the State of California grants Petitioner a new trial within one hundred twenty (120) days.

20100618

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