Saldate

Saldate v. Adams

Good Law

573 F. Supp. 2d 1303·2008 WL 2705551·2008 U.S. Dist. LEXIS 71973

United States District Court, Eastern District of CaliforniaJuly 25, 20081:07-cv-00309California5,161 words

Opinion

Ishii, J.

ORDER DECLINING TO ADOPT FINDINGS AND RECOMMENDATION [Doc. # 11]

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT

Petitioner Johnny Saldate is a state prisoner serving an indeterminate sentence of 15 years to life for second degree murder. Petitioner has been imprisoned since September 1986. Petitioner is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . He is represented in this action by counsel. Petitioner challenges the California Board of Parole Hearings (“BPH”)’s denial of parole at the conclusion of a January 23, 2006, parole suitability hearing.

On March 28, 2008, the Magistrate Judge issued a Findings and Recommendation that recommended the petition be DENIED with prejudice. The Magistrate Judge further recommended that the Clerk of Court be DIRECTED to enter judgment. The Findings and Recommendation was served on all parties and contained notice that any objections were to be filed within thirty (30) days of the date of service of the order.

On March 31, 2008, Petitioner filed objections to the Findings and Recommendation. In accordance with the provisions of 28 U.S.C. § 636…

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