George

George v. Sullivan

Good Law
721 F. Supp. 2d 938·2010 WL 2546042·2010 U.S. Dist. LEXIS 70148
United States District Court, Eastern District of CaliforniaJune 15, 20101:08-cv-00132California3,587 words

Opinion

Opinion

Ishii, J.

ORDER DECLINING TO ADOPT AMENDED FINDINGS AND RECOMMENDATION [Doc. # 19]

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

ORDER DIRECTING CLERK TO ENTER JUDGMENT

Petitioner Hollister George (“George”) is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . George challenges the February 15, 2007, denial of a parole date by the California Board of Parole Hearings (“BPH”).

The Magistrate Judge issued a Findings and Recommendation (“F & R”) on January 27, 2010, that recommended the petition be DENIED with prejudice and that the Clerk be DIRECTED to enter judgment. The F & R was served on all parties and contained notice that any objections were to be filed within thirty (30) days of the date of service of the order.

On February 17, 2010, Petitioner filed objections to the F & R. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file and having considered the objections, the Court respectfully declines to adopt the Magistrate Judge’s F & R, and will instead grant George’s petition.

BACKGROUND

Commitment Offense

On…

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