Bustamante v. Valenzuela et al
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|Date Filed||#||Document Text|
|April 1, 2010
ORDER that the Report and Recommendation 40 is ADOPTED IN PART AND REJECTED IN PART. The petition for writ of habeas corpus is DENIED. The Motion for Summary Judgment 26 is GRANTED IN PART AND DENIED IN PART. The Motion to Expedite 31 is DENIED AS MOOT. IT IS FURTHER ORDERED Petitioner shall submit a brief addressing whether this Court can issue a certificate of appealability in this case given that the dispositive issue is one of statutory construction. This brief shall be filed no later than April 9, 2010. The response and reply are due as required by Local Rule.. Signed by Judge Roslyn O Silver on 4/1/10. (DMT)
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