Cody v. Gower, EDCV 15-1497-FMO (KK). (2016)
Court: District Court, C.D. California
Number: infdco20160527839
Visitors: 12
Filed: May 26, 2016
Latest Update: May 26, 2016
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE FERNANDO M. OLGUIN , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed Petitioner Travis Martin Cody's Petition for Writ of Habeas Corpus ("Petition"), the records on file, and the Report and Recommendation of the United States Magistrate Judge. No objections have been filed. The Court accepts the findings and recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED that Judgment be ente
Summary: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE FERNANDO M. OLGUIN , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed Petitioner Travis Martin Cody's Petition for Writ of Habeas Corpus ("Petition"), the records on file, and the Report and Recommendation of the United States Magistrate Judge. No objections have been filed. The Court accepts the findings and recommendation of the Magistrate Judge. IT IS THEREFORE ORDERED that Judgment be enter..
More
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
FERNANDO M. OLGUIN, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed Petitioner Travis Martin Cody's Petition for Writ of Habeas Corpus ("Petition"), the records on file, and the Report and Recommendation of the United States Magistrate Judge. No objections have been filed. The Court accepts the findings and recommendation of the Magistrate Judge.
IT IS THEREFORE ORDERED that Judgment be entered: (1) DENYING Claims One and Two of the Petition; (2) GRANTING Claims Three and Four of the Petition; and (3) ORDERING that the State of California, within 120 days from the entry of Judgment, shall either grant Petitioner a new trial on the special circumstance allegation, or vacate the special circumstance finding and sentence of life without the possibility of parole and resentence Petitioner in accordance with California law and the United States Constitution in the matter of People v. Travis Martin Cody, Case No. INF10000236 of the California Superior Court of Riverside County.
Source: Leagle
