Thomas

ORDER DENYING RESPONDENT’S REQUEST FOR DISMISSAL

ORDER DENYING RESPONDENT’S MOTION FOR RECONSIDERATION

ORDER DIRECTING MAGISTRATE JUDGE TO RESCHEDULE EVIDENTIARY HEARING

I. Introduction

Petitioner is a former inmate proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Petitioner filed the instant petition on September 19, 2005, while in the custody of the California Department of Corrections and Rehabilitation (“CDCR”). The petition does not challenge Petitioner’s conviction or sentence; rather, the petition asserts that the state’s denial of parole to Petitioner in 2004 violated Petitioner’s rights under the Due Process Clause of the Fourteenth Amendment and Ex Post Facto Clause of the United States Constitution.

On March 19, 2009, the Magistrate Judge entered an order scheduling an evidentiary hearing in order to permit Petitioner to present evidence relevant to his ex post facto claim. (Doc. 27). Respondent filed a motion for reconsideration of the order setting the evidentiary hearing on April 2, 2009. (Doc. 28). On April 10, 2009, Petitioner filed an opposition to Respondent’s motion for reconsideration. (Doc. 29). Petitioner’s opposition…