MEDWAY

MEDWAY v. Cate

Good Law

756 F. Supp. 2d 1280·2010 WL 4789965·2010 U.S. Dist. LEXIS 121776

United States District Court, Southern District of CaliforniaNovember 17, 20103:10-mj-00276California16,013 words

Opinion

Benitez, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner, an inmate at Centinela State Prison, filed this action seeking a writ of habeas corpus under 28 U.S.C. § 2254 (“Petition”). On September 16, 2010, Magistrate Judge Barbara Major submitted a Report and Recommendation recommending that this Court enter an order: (1) granting the Petition; (2) releasing the Petitioner immediately; and (3) directing that Petitioner’s parole term be reduced and Petitioner receive term credit. Respondent filed an objection to the Report and Recommendation, and Petitioner filed a reply. (Docket Nos. 17,19.) The merits of the Petition are now before this Court.

For the reasons set forth below, the Court adopts in part the Report and Recommendation and DENIES the Petition.

BACKGROUND

In 1977, Petitioner was convicted by a jury of first-degree murder and other felonies and was sentenced to a prison term of seven years to life. This habeas petition does not challenge Petitioner’s conviction, but rather challenges a decision by the Board of Parole Hearings (“Board”) on November 24, 2008 that found Petitioner unsuitable for parole. (Tr. 1; Lodgment 7.) The 2008 hearing was Petitioner’s fifteenth…

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