Opinion

Lance Williams v. J. Gastelo

Court
District Court, C.D. California
Filed
Mar 25, 2020
Cited by
0 cases
Authority
More cited than 17.9%

The opinion

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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10 LANCE WILLIAMS, Case No. CV 19-9871-PA (KK)

11 Petitioner,

12 v. ORDER ACCEPTING FINDINGS

AND RECOMMENDATION OF

13 J. GASTELO, Warden, UNITED STATES MAGISTRATE

JUDGE

14 Respondent.

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17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for a Writ of

18 Habeas Corpus, the records on file, and the Report and Recommendation of the

19 United States Magistrate Judge. The Court has engaged in de novo review of those

20 portions of the Report to which Petitioner has objected.

21 In his Objections, Petitioner argues the Report and Recommendation fails to

22 address his argument that the Board of Parole Hearings (“BPH”) “is not following the

23 law and their making arbitrary, capricious, illegal decisions” denying him parole in

24 2017 and 2019. Dkt. 14 at 1-2. The United States Supreme Court in Swarthout v.

25 Cooke, 562 U.S. 216, 131 S. Ct. 859, 178 L. Ed. 2d 732 (2011), however, “was

26 unequivocal in holding that if an inmate seeking parole receives an opportunity to be

27 heard, a notification of the reasons as to denial of parole, and access to their records

1 | whether [the inmate] received due process.”’ Pearson v. Muntz, 639 F.3d 1185, 1191

2 | Oth Cir. 2011) (quoting Cooke, 562 U.S. at 220) (alterations in original)); see also

3 | Cooke, 562 US. at 221 (“[f]t is no federal concern... whether California’s ‘some

4 | evidence’ rule of judicial review (a procedure beyond what the Constitution demands)

5 | was correctly applied.”’); Rodriguez v. Gonzales, No. EDCV 13-1389-DOC DTB,

6 | 2014 WL 2557697, at *2 (C.D. Cal. Apr. 28, 2014), report and recommendation

7 | adopted sub nom. Rodriguez v. A.M. Gonzales, Warden, 2014 WL 2567843 (C.D.

8 | Cal. June 5, 2014) (holding federal habeas relief was not available on petitioner’s claim

9 | that the BPH’s “parole consideration hearing and denial of parole was arbitrary and

10 | capricious and violated his due process rights’’). The Court, therefore, accepts the

11 | findings and recommendation of the Magistrate Judge.

12 IT IS THEREFORE ORDERED that Judgment be entered (1) dismissing

13 | Claims One and Three of the Petition challenging Petitioner’s ineligibility for early

14 | parole review without prejudice to Petitioner filing a civil rights complaint pursuant to

15 | 42 U.S.C. § 1983; and (2) denying and dismissing Claim Two of the Petition

16 | challenging the November 6, 2018 disciplinary hearing with prejudice.

17 | Cte _

18 | Dated: March 25, 2020

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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