McQuillion

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 (b)(1)(C), the Court has reviewed the Petition for Writ of Habeas Corpus along with the Motion to Alter or Amend the Judgment and attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation.

IT IS ORDERED that the State’s Motion to Alter or Amend the Judgment is denied and that petitioner be released from custody pursuant to this Court’s January 27, 2003 Judgment.

IT IS FURTHER ORDERED that this Court’s January 27, 2003 Judgment is stayed pending the Ninth Circuit’s consideration and disposition of respondent’s appeal of that Judgment requiring the re lease of petitioner, or until the time to appeal has expired should respondent elect not to appeal, whichever is later.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This Report and Recommendation is submitted to the Honorable Dickran Tevri-zian, United States District Judge, by United States Magistrate Judge Jeffrey W. Johnson, pursuant to 28 U.S.C. § 636 and General Order 194 of the United States District Court for the Central…