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PEREZ v. MARSHALL

No. 94-1666-IEG (POR).

946 F.Supp. 1521 (1996)

David Castro PEREZ, Petitioner, v. Charles D. MARSHALL, Warden, Respondent.

United States District Court, S.D. California.

October 7, 1996.

Attorney(s) appearing for the Case

Nancy L. Palmieri, Deputy Attorney General and Daniel E. Lungren, Attorney General for the State of California, for respondent.

Stephen R. Scarborough and J. Kerry Bader, Federal Defenders of San Diego, Inc., for petitioner.

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND ORDER DISMISSING PETITION

GONZALEZ, District Judge.

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 9.3(b)(3).

On July 9, 1996, the Magistrate Judge filed a report and recommendation...

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