ORDER GRANTING § 2254 PETITION
RICARDO S. MARTINEZ, District Judge.
The Court, having reviewed petitioner's amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, respondent's answer, petitioner's response, respondent's reply, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, objections thereto, and the balance of the record, does hereby find and ORDER:
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