Martinez-Macias v. Collins

ORDER

BUNTON, Chief Judge.

BEFORE THIS COURT is Petitioner’s Application for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in the above-captioned cause. Petitioner timely filed written objections. Respondent timely filed written objections and Petitioner Responded. After consideration of the Petition and Report and Recommendation of Magistrate Judge Janet Ruesch, this Court is of the opinion the Magistrate Judge’s Report and Recommendation should be ADOPTED and the Petition for Writ of Habeas Corpus should be GRANTED.

The Magistrate Judge limited her constitutional error examination to the…