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BENITEZ v. GARCIA

No. 02CV0489DMS (AJB).

419 F.Supp.2d 1234 (2004)

Cristobal Rodriguez BENITEZ, Petitioner, v. Sylvia GARCIA, Warden, et al., Respondents.

United States District Court, S.D. California.

June 7, 2004.

Attorney(s) appearing for the Case

Barbara K. Strickland, Law Offices of Barbara K. Strickland, San Diego, CA, for Petitioner.

Attorney General, Office of the Attorney General, San Diego, CA, for Respondents.

ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE IN PART AND DENYING PETITION FOR WRIT OF HABEAS CORPUS

SABRAW, District Judge.

On March 14, 2002, Petitioner Cristobal Rodriguez Benitez ("Petitioner" or "Benitez"), a state prisoner proceeding with the assistance of counsel, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 ("Petition"). Petitioner previously had been extradited from Venezuela to the United States on...

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