Martin

MEMORANDUM & ORDER

Re: Request for Modification of Judgment

Eulogio Martin, an inmate at the California Men’s Colony in San Luis Obispo, California, filed this action seeking a writ of habeas corpus pursuant to 28 U.S.C. section 2254 . On May 17, 2006 the court issued a memorandum and order concluding that Governor Gray Davis’s reversal of the Board of Prison Terms’s (“Board’s”) decision to grant petitioner parole was unsupported by any evidence. As a remedy, the court ordered that respondent either release petitioner or grant him a new parole review within sixty days of the order.

Petitioner subsequently filed a motion for reconsideration or modification of judgment, requesting that the court amend its May 17 order to require petitioner’s immediate and unconditional release. In support of his request, petitioner argues that remand to the Board and Governor would be futile given the court’s finding that no evidence supported the Governor’s previous reversal. Respondent objects that petitioner has not established any valid basis for seeking reconsideration under Local Rule 7-9. Respondent also disagrees with the merits of petitioner’s request, arguing that it is within this…