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17-018 - Smith v. Martinez


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17-018 - Smith v. Martinez
January 5, 2018
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court, after its independent review, grant Petitioners Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (Doc. 1), to the extent that this matter should be returned to the United States District Court for the Eastern District of Washington for resentencing. The Magistrate Judge further recommends that the District Court deny Petitioners Motion for Release During Pendency of Habeas Proceeding (Doc. 34) without prejudice. Any party may serve and file written objections within FOURTEEN (14) DAYS after being served with a copy of this Report and Recommendation. A party may respond to another party's objections within FOURTEEN (14) DAYS after being served with a copy. No replies to objections shall be filed unless leave is granted from the District Court to do so. If objections are filed, the parties should use the following case number: CV 17-18-TUC-JAS. Failure to file timely objections to any factual or legal determination of the Magistrate Judge may be deemed a waiver of the party's right to review. Signed by Magistrate Judge Bernardo P Velasco on 1/5/2018. (SIB)
January 24, 2018
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ORDER accepting and adopting 43 Report and Recommendations. Petitioner's separate motion for release during the pendency of the habeas proceeding 34 is denied without prejudice. Petitioner's Petition for a Writ of Habeas Corpus under 28 U.S.C. §2241 1 is granted to the extent this matter is returned to the United States District Court for the Eastern District of Washington for resentencing. Signed by Judge James A Soto on 1/24/2018. (TAD)