REPORT AND RECOMMENDATION
MILES DAVIS, Magistrate Judge.
This case is before the court on Walter Martinez' ("Mr. Martinez") December 19, 2008 petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 (doc. 1). Respondent filed an answer (doc. 17) and relevant portions of the state court record (doc. 18). Mr. Martinez then filed a response (doc. 25). The matter was referred to the undersigned magistrate judge for report and recommendation pursuant...
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