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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL DURAN, Case No. 2:23-cv-01910-JDP (HC) Petitioner, ORDER v. DIRECTING THE CLERK OF COURT TO

ASSIGN A DISTRICT JUDGE TO THIS

GAVIN NEWSOM, et al., ACTION Respondents. FINDINGS AND RECOMMENDATIONS THAT THE AMENDED PETITION BE

DISMISSED FOR FAILURE TO STATE A

COGNIZABLE CLAIM ECF No. 7 OBJECTIONS DUE IN FOURTEEN DAYS 20 Petitioner, a state prisoner represented by counsel, brings this action under section 2254 and alleges that the state’s denial of parole was erroneous because it was not supported by “some evidence.” ECF No. 7 at 3-4. I previously explained that, in light of the Supreme Court’s decision in Swarthout v. Cook, 562 U.S. 216 (2011), the only requirements for parole in the federal habeas context are that the prisoner be afforded an opportunity to be heard and a…