Doyle

Doyle v. Warden

Good Law
447 F. Supp. 2d 1123·2006 WL 2456471·2006 U.S. Dist. LEXIS 63371
United States District Court, Central District of CaliforniaAugust 17, 2006CV 05-8701-GHK(E)California3,539 words

Opinion

Opinion

King, J.

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge’s Report and Recommendation.

IT IS ORDERED that a conditional writ of habeas corpus is granted. Respondent shall release and discharge Petitioner from his sentence in case number SA-74CR-295 unless, within ninety (90) days of the date the Judgment herein becomes final: (1) Petitioner is brought before the Parole Commission for a noticed hearing to recalculate Petitioner’s sentence in case number SA-74-CR-295 in a manner consistent with the Report and Recommendation, or (2) the Bureau of Prisons recalculates Petitioner’s sentence in case number SA-74-CR-295, crediting Petitioner for all street time subsequent to the initial revocation of Petitioner’s special parole.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Report and Recommendation of United States Magistrate Judge and the Judgment by United States mail on Petitioner and all counsel of…

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