Adonai El-Shaddai-Wilkerson v. John Soto

Filing 19

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge George H. King for Report and Recommendation (Issued), 17 . IT IS HEREBY ORDERED that the Motion to Dismiss is granted and the Petition is dismissed. The Court declines to convert this action into a federal civil rights without prejudice to petitioner filing a separate federal civil rights action. See order for details. (hr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 ADONAI EL-SHADDAI-WILKERSON, ) ) ) Petitioner, ) ) v. ) ) JOHN SOTO, Warden, ) ) ) Respondent. ) ________________________________ Case No. CV 15-6584 GHK(JC) ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of 19 Habeas Corpus by a Person in State Custody (“Petition”) and accompanying 20 documents, the submissions in connection with the Motion to Dismiss the Petition 21 (“Motion to Dismiss”), and all of the records herein, including the attached Report 22 and Recommendation of United States Magistrate Judge (“Report and 23 Recommendation”), and petitioner’s objections to the Report and Recommendation 24 (“Objections”). The Court has further made a de novo determination of those 25 portions of the Report and Recommendation to which objection is made. The 26 Court concurs with and accepts the findings, conclusions, and recommendations of 27 the United States Magistrate Judge with the following modifications and overrules 28 the Objections: 1 1. The sentence beginning on line 2 of page 6 of the Report and 2 Recommendation is modified to read as follows: “Accordingly, the punishment 3 that resulted from the allegedly unconstitutional disciplinary proceeding at issue 4 has no bearing upon the fact or duration of petitioner’s confinement because his 5 term of life in prison was not extended and his minimum term of imprisonment 6 could not have been shortened by the lost time credits.” 7 2. The word “effect” on line 21 of page 6 of the Report and 8 Recommendation is changed to the word “affect.” 9 3. The parenthetical beginning on line 1 of page 7 of the Report and 10 Recommendation is modified to read as follows: “(petitioner’s claims seeking 11 expungement of disciplinary conviction and restoration of time credit not 12 cognizable on federal habeas review; punishment that resulted from allegedly 13 unconstitutional disciplinary proceedings had no bearing on fact or duration of 14 petitioner’s confinement because petitioner was serving indeterminate life 15 sentence, minimum eligible parole date had passed, and therefore, term of life in 16 prison was not extended, and minimum term of imprisonment could not have been 17 shortened by lost time credits)”. 18 IT IS HEREBY ORDERED that the Motion to Dismiss is granted and the 19 Petition is dismissed. The Court declines to convert this action into a federal civil 20 rights without prejudice to petitioner filing a separate federal civil rights action. 21 IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the 22 Report and Recommendation, and the Judgment herein on petitioner and counsel 23 for respondent. 24 LET JUDGMENT BE ENTERED ACCORDINGLY. 25 DATED: 9/14/16 26 27 28 ________________________________________ HONORABLE GEORGE H. KING UNITED STATES DISTRICT JUDGE 2

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