Morris v. Swarthout et al
| Antonio Morris |
| Gary Swarthout and Board of Parole Hearings |
| 2:2011cv02164 |
| August 15, 2011 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| John F. Moulds |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
18
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 07/10/12 recommending that respondents' 10/06/11 motion to dismiss be granted. Petitioner's claim that his rights under the Ex Post Facto Clause were violated by the 2010 decision to defer further parole consideration for a period of seven years be dismissed without prejudice to any relief that may be available to petitioner as a member of the class in Gilman v. Fisher, 05-0830 LKK GGH P. Petitioner's second and third claims for relief be denied; and the district court decline to issue a certificate of appealability. MOTION to DISMISS 13 referred to Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
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Filing
6
ORDER granting 4 Motion to Proceed IFP, signed by Magistrate Judge John F. Moulds on 9/13/11. Respondents shall file an answer within 45 days from the date of this order. Petitioner's traverse, if any, is due on or before 30 days from the dat e respondents' answer is filed. The Clerk shall serve a copy of this order together with a copy of petitioner's application for writ of habeas corpus and an Order Re Consent or Request for Reassignment on Michael Patrick Farrell, Senior Assistant Attorney General. (Kastilahn, A)
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Filing
3
ORDER signed by Magistrate Judge John F. Moulds on 8/23/11 ORDERING that Petitioner shall submit, within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee; Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.(Dillon, M)
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