Bucio v. Sutherland

OPINION AND ORDER

S. ARTHUR SPIEGEL, Senior District Judge.

This matter is before the Court on Magistrate Judge Black’s August 27, 2009 Report and Recommendation (doc. 23) and each of Petitioner’s and Respondent’s objections thereto (docs. 26 and 27, respectively). For the reasons indicated herein, the Court ADOPTS and AFFIRMS the Magistrate Judge’s Report and Recommendation in its entirety and GRANTS Petitioner’s writ of habeas corpus on Grounds Two and Six.

I. Background

The Magistrate Judge’s Report and Recommendation is extremely thorough, both in its presentation of the facts and its…