Walton v. Hill

OPINION & ORDER

MOSMAN, District Judge.

On May 12, 2009, Magistrate Judge Acosta issued Findings and Recommendation (“F & R”) (# 71) in the above-captioned case recommending that petitioner’s Amended Petition for Writ of Habeas Corpus (# 49) be GRANTED IN PART and DENIED IN PART. Specifically, Judge Acosta recommends that the Petition be GRANTED as to petitioner’s claim of ineffective assistance of counsel for failure to communicate entry of final amended judgment within the time required to appeal such judgment. He further recommends that a conditional writ of habeas corpus be granted ordering…