Turner

Turner v. Foss

Good Law
United States District Court, Southern District of CaliforniaJuly 14, 20203:19-cv-01878California3,591 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TYRONE T. TURNER, Case No.: 19cv1878 GPC (RBM)

Petitioner,

ORDER : (1) GRANTING

v. MOTION TO DISMISS; and (2)

DENYING CERTIFICATE OF

TAMMY FOSS, Warden,

APPEALABILITY

Respondent. 16 I. INTRODUCTION Petitioner Tyrone Turner is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition” or “Pet.”). Turner challenges the Board of Parole Hearings (BPOH) improperly denied him a youth offender parole hearing pursuant to California Penal Code § 3051(b). The Court has read and considered the Petition, [ECF No. 1], the Motion to Dismiss [ECF No. 14], the Reply to the Motion to Dismiss, the lodgments and other documents filed in this case, and the legal arguments presented by both parties. For the reasons discussed below, the Court GRANTS the Motion to Dismiss and DISMISSES the case with prejudice. The Court also DENIES a Certificate of…

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