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Edward Tyler v. Octavio C. Luna

March 16, 2011

EDWARD TYLER,
PETITIONER,
v.
OCTAVIO C. LUNA, EXECUTIVE DIRECTOR, PATTON STATE HOSPITAL, RESPONDENT.



The opinion of the court was delivered by: S. James Otero 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 and the Final Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the findings, conclusions and recommendations of the Magistrate Judge.

IT THEREFORE IS ORDERED that Judgment be entered granting a conditional writ of habeas corpus as follows: Unless, within 20 days of the entry of Judgment herein, the state initiates civil commitment proceedings against petitioner in accordance with the state statutes and procedures governing the civil commitment of any other citizen, petitioner shall be released forthwith from custody.

20110316

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