(HC) Gazaway v. State of CA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRALD D. GAZAWAY, No. 2:23-CV-0699-WBS-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss. See ECF No. 12. Petitioner has filed an opposition. See ECF No. 14. Respondent has filed a reply. See ECF No. 16. Petitioner has also filed two sur-reply briefs without leave of Court. See ECF No. 17 and 20. Petitioner filed this action on April 14, 2023, challenging a decision by the California Board of Parole Hearings, rendered following the Governor’s request for review, to rescind a previous recommendation that Petitioner be granted parole. See ECF No. 1. Petitioner claims that the decision violated his federal due process rights because it is not based on sufficient evidence of…