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BUSTAMANTE v. VALENZUELA

No. CV-09-8192-PCT-ROS.

715 F.Supp.2d 960 (2010)

Ramiro BUSTAMANTE, Petitioner, v. Michael VALENZUELA, et al., Respondents.

United States District Court, D. Arizona.

April 1, 2010.

Attorney(s) appearing for the Case

Daniel Lee Kaplan, Keith James Hilzendeger, Federal Public Defenders Office, Phoenix, AZ, for Petitioner.

Alfred Lopez Urbina, Amanda Joanne Sampson, Pascua Yaqui Office of the Prosecutor, Kimberly Chastain Van Amburg, Ricardo Rolando Flores, Office of the Attorney General Pascua Yaqui Tribe, Tucson, AZ, Timothy George McNeel, Flagstaff, AZ, Karla Hotis Delord, U.S. Attorneys Office, Phoenix, AZ, for Respondents.

ORDER

ROSLYN O. SILVER, District Judge.

Pending before the Court is a Report and Recommendation ("R & R") issued by Magistrate Judge Michelle Burns. For the following reasons the R & R will be adopted in part and rejected in part.

BACKGROUND

Petitioner is an enrolled member of the Pascua Yaqui Tribe. On March 18, 2009, Petitioner's mother caught Petitioner taking items from a camper in the backyard of his parents' residence and...

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