Milot

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 , the Court has reviewed the pleadings and papers herein, including the Magistrate Judge’s Report and Recommendation. Objections to the Report and Recommendation have been filed by respondent, and the Court has made a de novo determination of those portions of the Report and Recommendation to which objections have been made.

1. Respondent’s objection to the Magistrate Judge’s finding that petitioner has a liberty interest in parole suitability

Respondent contends that petitioner “failed to present a federal question for habeas corpus review because he does not have a federally, protected liberty interest in parole release.” (See Objs. at 2). As respondent is compelled to acknowledge, however, Ninth Circuit cases have repeatedly held that, as a matter of clearly established Supreme Court law, California’s parole scheme gives rise to a cognizable liberty interest in release on parole that is protected by the Due Process Clause. See Irons v. Carey, 505 F.3d 846, 850 (9th Cir.2007) (as amended), denial of rehearing en banc at 506 F.3d 951 (9th Cir.2007); Sass v.…