(HC) Gazaway v. State of CA

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERRALD D. GAZAWAY, No. 2:23-CV-0699-WBS-DMC-P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 STATE OF CALIFORNIA, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to 19 dismiss. See ECF No. 12. Petitioner has filed an opposition. See ECF No. 14. Respondent has 20 filed a reply. See ECF No. 16. Petitioner has also filed two sur-reply briefs without leave of 21 Court. See ECF No. 17 and 20. 22 Petitioner filed this action on April 14, 2023, challenging a decision by the 23 California Board of Parole Hearings, rendered following the Governor’s request for review, to 24 rescind a previous recommendation that Petitioner be granted parole. See ECF No. 1. Petitioner 25 claims that the decision violated his federal due process rights because it is not based on 26 sufficient evidence of…