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Butler v. McEwen

United States District Court, C.D. California

May 30, 2014

KENNETH BUTLER, Petitioner,
v.
L.E. McEWEN, Warden, Respondent.

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

DEAN D. PREGERSON, District Judge.

Pursuant to 28 U.S.C. ยง 636, the Court has reviewed the Petition, records on file herein, and the Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Court accepts the findings and recommendations of the Magistrate Judge.

IT THEREFORE IS ORDERED that (1) the Petition is denied with respect to Grounds 1-3 and subclaims 2-3 of Ground 4; and (2) Judgment be entered granting a conditional writ of habeas corpus with respect to subclaim 1 of Ground 4 as follows: Unless petitioner is brought to retrial within sixty (60) days of the date the Judgment herein becomes final (plus any additional delay authorized under State law), respondent shall discharge petitioner from all adverse consequences of his conviction in Los Angeles County Superior Court Case No. BA302062.


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