McQUILLION v. DUNCAN, (C.D.Cal. 2003)

DICKRAN TEVRIZIAN, United States District Judge

Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has reviewed the Petition for Writ of Habeas Corpus along with the Motion to Alter or Amend the Judgment and attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation.

IT IS ORDERED that the State's Motion to Alter or Amend the Judgment is denied and that petitioner be released from custody pursuant to this Court's January 27, 2003 Judgment.

IT IS FURTHER ORDERED that this Court's January 27, 2003 Judgment is stayed pending the Ninth Circuit's consideration and disposition of respondent's appeal of that Judgment requiring the release of petitioner, or until the time to appeal has expired should respondent elect not to appeal, whichever is later.