Ekdahl

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS ON ALL CLAIMS AND ADDRESSING PENDING MOTIONS

INTRODUCTION

Petitioner Emil Joseph Wilhelm Ekdahl, a state prisoner incarcerated at San Quentin State Prison (SQSP) in San Quentin, California, filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . The matter is now submit ted for the Court’s consideration of the merits of the petition. For the reasons discussed below, the petition will be DENIED as to all claims.

BACKGROUND

The Monterey County Superior Court sentenced Petitioner to a term of fifteen years to life in state prison for robbery and second degree murder. (Resp’t Ex. A.) The present petition does not challenge Petitioner’s underlying conviction. Rather, it challenges the denial of his parole suitability by the Board of Parole Hearings (BPH) in 2005.

On July 1, 2005, at Petitioner’s seventh parole hearing, the BPH denied him parole. (Resp’t Ex'. D, Subsequent Parole Cons. Hr’g Tr. at 20.) During a preliminary parole hearing, Petitioner waived his right to an attorney and his right to be present. (Id. at 3.) At the parole hearing, the BPH denied parole based on the circumstances of…