Presley v. Gonzalez et al (INMATE1)
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|Date Filed||#||Document Text|
|March 23, 2005
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus that: 1. Petitioner's claim of actual innocence and his allegation of ineffective assistance of counsel be dismissed with prejudice as such claims go to the validity of the fir earm conviction and are not properly before this court in a 28 U.S.C. 2241 petition for habeas corpus relief. 2. Petitioner's claim challenging the denial of early release be referred back to the undersigned for appropriate proceedings. Objections to R&R due by 4/6/2005. Signed by Judge Vanzetta P. McPherson on 3/23/2005. (dmn)
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