Sass

MEMORANDUM AND ORDER

Brian Sass (hereinafter “Petitioner”), a California prisoner proceeding pro se, seeks a writ of habeas corpus. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 (b)(1)(B). On March 16, 2005, the Magistrate Judge filed her findings and recommendations, which were served on all parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. The California Board of Prison Terms (hereinafter “Respondent” or “BPT”) filed timely objections to the Magistrate’s findings and recommendations. Petitioner subsequently filed a timely reply to Respondent’s objections. In accordance with the provisions of 28 U.S.C. § 636 (b)(1), this Court conducted a de novo review of the case. Having carefully-reviewed the entire file, the Court rejects the Magistrate’s findings and recommendations. For the reasons discussed below, Petitioner’s application for a writ of habeas corpus is DENIED.

BACKGROUND

Petitioner, currently confined at Folsom State Prison in Represa, California, has applied for a writ of habeas corpus under 28 U.S.C. §§ 2241 and 2254. (Amended Petition at 4(b):(i)(2).)…