Perez-Sanchez v. McWilliams et al
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|Date Filed||#||Document Text|
|May 12, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION - granting 14 Petitioner's Motion for Extension of Time to Object to the extent that the Objections received on 3/20/09 are deemed timely and Denying 16 Petitioner's Motion to Appoint Counsel and Petitioner's Motion to Declare AEDPA Unconstitutional. IT IS FURTHER ORDERED overruling 10 Respondent's Objections to the Report and Recommendation and 15 Petitioner's Objections to the Report and Recommendation. IT IS FURTHER ORD ERED accepting in its entriety 9 Report and Recommendation. The Writ of Habeas Corpus is GRANTED as to Petitioner's sentence only, unless the State initiates a re-sentencing proceeding within 120 days of the entry of judgment. The Writ is DENIED on all other grounds argued in the Petition. Signed by Judge James A Teilborg on 5/11/09. (LSP)
|January 12, 2009
REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus: Recommending that that the District Court DISMISS claims 1, 3 and 4 of petitioner's petition for writ of habeas corpus. The Court further recommends that the District Court GRANT petitioner's request for relief as to Ground 2 and remand this case to the state court for resentencing. (See document for full details). Signed by Magistrate Judge Bernardo P Velasco on 1/12/2009. (LAD)
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