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07-1649 - Bobadilla v. Carlson

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07-1649 - Bobadilla v. Carlson
March 25, 2008
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REPORT AND RECOMMENDATION That the Petition for a Writ of Habeas Corpus 1 be denied. Objections to R&R due by 4/11/2008. Signed by Chief Mag. Judge Raymond L. Erickson on 03/25/2008. (jz)
July 16, 2008
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ORDER DECLINING TO ADOPT 34 Report and Recommendation. Petitioner's amended petition for writ of habeas corpus pursuant to 28 U.S.C. Section 2254 9 is GRANTED. The judgment and sentence in State of Minnesota v. Orlando Manuel Bobadilla, Case No. 34-K6-03-000942, Kandiyohi County District Court, is VACATED. Petitioner shall be released unless the State of Minnesota takes affirmative steps to reinstitute a criminal prosecution of petitioner within sixty days. Petitioner's objection 32 to the order denying his motions for an evidentiary hearing and for leave to appear at oral argument 31 is OVERRULED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY (Written Opinion). Signed by Judge Patrick J. Schiltz on 07/16/08. (bjs)