Allison

Vaught IV v. Allison

Good Law
United States District Court, Southern District of CaliforniaSeptember 24, 20213:21-cv-00408California6,326 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELBERT LEE VAUGHT, IV, Case No.: 3:21-cv-0408-CAB-AGS

Petitioner,

ORDER DENYING RESPONDENT’S

v. MOTION TO DISMISS PETITION

FOR WRIT OF HABEAS CORPUS

KATHLEEN ALLISON, Secretary,

Respondent. (ECF No. 9) 16 17 I. INTRODUCTION On March 5, 2021, Petitioner Elbert Lee Vaught, IV (“Petitioner” or “Vaught”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his 2019 denial of parole by the California Board of Parole Hearings’ (BPH) and his continued incarceration. Pet, ECF No. 1 at 1. Respondent has filed a Motion to Dismiss the Petition. ECF No. 9. The Court has reviewed the Petition, the Motion to Dismiss, the Opposition to the Motion to Dismiss (ECF No. 10), the relevant documents filed in this case, and the legal arguments presented by both parties. For the reasons discussed below, the Court DENIES the motion to dismiss. / / /…

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