Myers

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the entire file de novo, in- eluding the Magistrate Judge’s Report and Recommendation. The Court agrees with the recommendation of the magistrate judge.

IT IS ORDERED that the Magistrate Judge’s Report and Recommendation is adopted.

IT IS FURTHER ORDERED that (1) a conditional writ of habeas corpus is granted as to Ground One; (2) Respondent shall permit Petitioner to withdraw his plea in San Bernardino County Superior Court Case No. FSB041428, or shall release Petitioner from custody, within sixty (60) days of the date the Judgment herein becomes final, plus any additional delay authorized under state law; and (3) the Petition is otherwise denied.

IT IS FURTHER ORDERED that Judgment be entered accordingly.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

The Court submits this Report and Recommendation to the Honorable J. Spencer Letts, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order No. 05-07 of the United States District Court for the Central District of California. For the reasons set forth below, the Magistrate Judge…