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Michael Lucas v. J. Salazar

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


March 31, 2011

MICHAEL LUCAS, PETITIONER,
v.
J. SALAZAR, RESPONDENT.

The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge

ORDER (1) ACCEPTING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND (2) DISMISSING THE PETITION FOR WRIT OF HABEAS CORPUS

Pursuant to 28 U.S.C. §636, the Court has made a de novo review of the Petition for Writ of Habeas Corpus ("Petition"), Respondent's Answer, Petitioner's Traverse, all of the records herein and the Report and Recommendation of the United States Magistrate Judge ("Report").

IT IS ORDERED that: (1) the Court accepts and adopts the Report and Recommendation, (2) the Court declines to issue a Certificate of Appealability ("COA");*fn1 (3) Judgment be entered dismissing as abusive Petitioner's claims in Grounds One, Four, Five, Six, Eight and Nine concerning Petitioner's plea agreement; dismissing as abusive Petitioner's claim in Ground Seven concerning ineffective assistance of trial counsel regarding Petitioner's plea agreement, without prejudice to Petitioner's right to apply to the Ninth Circuit Court of Appeals for leave to proceed in this Court on this claim; and dismissing Petitioner's claims in Grounds Two, Three, Four, and Nine concerning alleged Due Process violations at Petitioner's November 6, 2008 parole hearing before the Board and the denial of Petitioner's parole as without merit; and (4) denying and dismissing the Petition.


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