(HC) Haynes v. Johnson

Good Law
United States District Court, Eastern District of CaliforniaNovember 22, 20242:24-cv-00581California722 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LELAND HAYNES, Case No. 2:24-cv-0581-DC-JDP (P) Petitioner, v. FINDINGS AND RECOMMENDATIONS TRACY JOHNSON, Respondent. 16 17 Petitioner, a state prisoner, brought this action under section 2254 and alleged that his rights were violated when the state denied him parole. In my screening order, I explained to petitioner that with respect to a denial of parole, federal law demands only that he be afforded “an opportunity to be heard and was provided a statement of the reasons why parole was denied.” Swarthout v. Cooke, 562 U.S. 216, 220 (2011). He did not allege that these procedural requirements were not met and, thus, that his petition failed to state a claim. I gave petitioner an opportunity to amend and to explain why this action should still proceed. ECF No. 5. Petitioner filed a motion for reconsideration, ECF No. 6, which was denied, ECF No. 7. The deadline for filing an amended petition then passed without a filing…

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