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PENA v. GIURBINO

No. 01CV1069 JAH(BEN).

345 F.Supp.2d 1065 (2004)

Hensel Omar PENA, Petitioner, v. George J. GIURBINO, Warden, et al., Respondents.

United States District Court, S.D. California.

March 22, 2004.

Attorney(s) appearing for the Case

Hensel Omar Pena, Imperial, CA, Pro se.

Garry A Preneta, Law Office of Garry A Preneta, San Francisco, CA, for Hensel Omar Pena, petitioner.

Attorney General, State of California, Office of the Attorney General, San Diego, for George Giurbino, Warden, Attorney General of the State of California, respondents.

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMENDATION AND DENYING PETITION FOR WRIT OF HABEAS CORPUS

HOUSTON, District Judge.

INTRODUCTION

Petitioner, a state prisoner appearing through counsel, Garry A. Preneta, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been fully briefed on the merits. Pursuant to 28 U.S.C. § 636(b)(1), the Honorable Roger T. Benitez, United...

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