Hardney v. Virga

Respondent: T Virga
Petitioner: John Hardney
Case Number: 2:2013cv00754
Filed: April 18, 2013
Court: California Eastern District Court
Office: Sacramento Office
County: Sacramento
Referring Judge: Dale A. Drozd
Presiding Judge: John A. Mendez
Nature of Suit: General
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
August 8, 2014 15 Opinion or Order of the Court FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 8/7/14 RECOMMENDING that Federal habeas relief be denied as to petitioners due process claim, his ineffective assistance of counsel claim, and his claim that the Board violate d its own policy in deferring his next parole suitability hearing for ten years; and Petitioners claim that his rights under the Ex Post Facto Clause were violated by the Boards 2011 decision to defer his next parole consideration hearing for a pe riod of ten 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. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)
October 22, 2014 16 Opinion or Order of the Court ORDER signed by Judge John A. Mendez on 10/22/2014 ADOPTING 15 Findings and Recommendations in full. Federal habeas relief is DENIED as to petitioner's due process claim, his ineffective assistance of counsel claim, and his claim that the Cali fornia Board of Parole Hearings violated its own policy in deferring his next parole suitability hearing for ten years. Petitioner's claim that his rights under the Ex Post Facto Clause were violated is DISMISSED without prejudice to any relief that may be available to petitioner as a member of the class in Gilman v. Fisher. The court DECLINES to issued a Certificate of Appealability. CASE CLOSED.(Donati, J)
April 30, 2013 3 Opinion or Order of the Court ORDER signed by Magistrate Judge Dale A. Drozd on 4/29/13 ORDERING that Petitioner shall submit, within thirty 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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Respondent: T Virga
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Petitioner: John Hardney
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