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WILKINSON v. HOFMANN

No. 1:06-CV-234.

572 F.Supp.2d 470 (2008)

Ricky WILKINSON, Petitioner v. Robert HOFMANN, Commissioner, Vermont Department of Corrections, Respondent.

United States District Court, D. Vermont.

August 19, 2008.

Attorney(s) appearing for the Case

Henry B. Hinton, Jr., Office of the Defender General, Seth E. Lipschutz, Rebecca N. Turner, Vermont Defender General's Office, Montpelier, VT, William A. Nelson, Middlebury, VT, for Petitioner.

Kurt A. Kuehl, Vermont Attorney General's Office, Waterbury, VT, for Respondent.

ORDER

J. GARVAN MURTHA, District Judge.

The Magistrate Judge's Report and Recommendation was filed July 18, 2008. (Paper 20.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). The petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is GRANTED. The petitioner shall be released unless the State retries him within 90 days of the...

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