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Eddie James Hicks v. Robert Hernandez (Warden

September 20, 2011

EDDIE JAMES HICKS,
PETITIONER,
v.
ROBERT HERNANDEZ (WARDEN),
RESPONDENT.



The opinion of the court was delivered by: George H. WU United States District Judge

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United States Magistrate Judge. The Court has engaged in a de novo review of those portions of the Report and Recommendation to which objection has been made. The Court finds that the passage (at Report and Recommendation, p. 19, lines 14-15) reading: "a juror should 'discuss or consider the subject of penalty or punishment,'" should be corrected to read: "a juror should not 'discuss or consider the subject of penalty or punishment.'" Subject to this correction, the Court accepts the findings and recommendation of the Magistrate Judge.

IT IS THEREFORE ORDERED that judgment be entered denying the Petition and dismissing this action with prejudice.

20110920

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