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Douglas Brian Mcshane v. Matthew Cate

March 5, 2012

DOUGLAS BRIAN MCSHANE, PETITIONER,
v.
MATTHEW CATE, RESPONDENT.



The opinion of the court was delivered by: Christina A. Snyder United States District Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. §636, the Court has reviewed the Petition for Writ of Habeas Corpus ("Petition"), the records and files herein, and the Report and Recommendation of the United States Magistrate Judge ("Report"). Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which Respondent has objected.

IT IS ORDERED that: (1) the Court accepts the findings and recommendations of the Magistrate Judge, and (2) Judgment be entered conditionally granting the Petition for Writ of Habeas Corpus unless the State elects within 90 days of this Judgment becoming final to retry Petitioner.

20120305

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