Down v. Haviland
| Earl Henry Down |
| J. Haviland |
| 2:2009cv02794 |
| October 7, 2009 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Morrison C. England |
| Edmund F. Brennan |
| None |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
31
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/15/13 recommending that petitioner's claim that his rights under the Ex Post Facto Clause were violated by the Board's 2009 decision to defer his next parole co nsideration hearing for a period of 15 years be dismissed without prejudice to any relief that may be available to petitioner as a member of the class in Gilman v. Fisher, No. 2:05-cv-0830 LKK GGH P, and denied in all other respects. Petitioner's motion for an evidentiary hearing be denied; and the clerk be directed to close the case. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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Filing
28
ORDER signed by Magistrate Judge Edmund F. Brennan on 3/7/13 ORDERING that petitioners December 28, 2012 motion, Dckt. No. 27 , is DENIED without prejudice to filing a motion to amend the petition; Petitioner may file a motion to amend the pet ition within 30 days of the date of this order; and should petitioner decline to file a motion to amend the petition within 30 days, the matter will stand submitted for decision on the claims in the October 7, 2009 petition currently pending before the court.(Dillon, M)
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Filing
24
ORDER signed by Magistrate Judge Edmund F. Brennan on 4/26/12 ORDERING that Respondent shall file and serve an answer to petitioners application within 60 days from the date of this order. Petitioners reply, if any, shall be filed and served within 30 days of service of an answer.(Dillon, M)
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Filing
23
ORDER signed by Judge Morrison C. England, Jr on 5/3/11 ORDERING 20 Motion for Clarification is granted; 21 Notice of Appeal is stricken; and 22 Motion for Certificate of Appealability is denied. (Matson, R)
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Filing
19
ORDER signed by Judge Morrison C. England, Jr on 3/29/2011 ORDERING that The 16 findings and recommendations filed February 14, 2011 are adopted in full. Respondents' 11 August 27, 2010 motion to dismiss is granted in part, and Petitioner&# 039;s claims that the BPH violated his rights under "the Privacy Act" and the Equal Protection Clause are dismissed without prejudice for failure to exhaust state court remedies. Respondents' August 27, 2010 motion to dismiss is otherwise DENIED. Petitioner's claim that the BPH deprived him of procedural due process by denying him parole absent "some evidence" of his current dangerousness is DISMISSED with prejudice. (Duong, D)
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Filing
16
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/14/2011 RECOMMENDING that respondent's 11 motion to dismiss be granted in part, and ptnr's claims that the BPH violated his rights under "the Privacy Act" and the Equal Protection Clause be dismissed w/out prejudice for failure to exhaust state court remedies; respondent's 11 motion to dismiss be otherwise denied; and ptnr's claim that the BPH deprived him of procedural due process by denying him parole absent "some evidence" of his current dangerousness be dismissed w/prejudice. Referred to Judge Morrison C. England, Jr.; Objections due w/in 14 days. (Yin, K)
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| Petitioner: Earl Henry Down | |
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| Respondent: J. Haviland | |
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