Rojas #158837 v. Ryan et al
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|Date Filed||#||Document Text|
|April 17, 2018
ORDER: Petitioner's Objection 41 to Section IV of the Magistrate Judge's R&R 40 is sustained and the Objection to Section I is overruled. The remainder of the R&R 40 is adopted. Petitioner's First Amended Petition for a Writ of H abeas Corpus Under 28 U.S.C. § 1 is denied and this action is dismissed with prejudice. A certificate of appealability shall issue on the question of whether Petitioner's sentencing complied with the constitutional requirements set forth in Miller v. Alabama. The Clerk of Court shall enter judgment accordingly. Signed by Judge John J Tuchi on 4/17/2018. (REK)
|February 5, 2018
REPORT AND RECOMMENDATION: IT IS RECOMMENDED that Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a person in State Custody pursuant to 28 U.S.C. § 2254 1 be GRANTED as to Ground One, and DENIED as to Grounds Two and Thre e. IT IS FURTHER RECOMMENDED that this matter be remanded to the state court for a new sentencing hearing that comports with the principles set forth in Miller v. Alabama, 132 S. Ct. 2455(2012). This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. The parties hall have 14 days from the date of service of a copy of this Report and Recommendation within which to file specific written objections with the Court. Thereafter, the parties have 14 day s within which to file a response to the objections. Failure to timely file objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review . Failure to timely file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order of judgment entered pursuant to the Magistrate Judge's Report and Recommendation. Signed by Magistrate Judge John Z Boyle on 2/02/2018. (REK)
|January 28, 2016
ORDER adopting the Report and Recommendation in this matter (Doc. 14 ); FURTHER ORDERED denying as moot Petitioner's Motion to Stay Pending Exhaustion of State Court Remedies (Doc. 4 ); FURTHER ORDERED granting Respondents' request for st ay pending a decision by the Supreme Court of the United States in Montgomery v. Louisiana, 135 S. Ct. 1546 (Doc. 11 ); IT IS FURTHER ORDERED that upon the Supreme Court's issuance of a decision in Montgomery, the parties shall file a notice of the decision with this Court, whereupon the Court shall lift the stay. Signed by Judge John J Tuchi on 1/28/2016. (KMG)
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