William Dunne v. T. Jusino
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Michael W. Fitzgerald for MOTION to Dismiss 12 , Report and Recommendation (Issued) 24 . IT IS HEREBY ORDERED that (1) the Motion to Dismiss is granted; (2) the Petition for Writ of Habeas Corpus and this action are dismissed; and (3) the Clerk shall enter Judgment accordingly and shall serve copies of this Order and the Judgment herein on petitioner and counsel for respondent. (see document for further details) (hr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
T. JUSINO, Warden,
Case No. 2:20-cv-04504-MWF-JC
ORDER ACCEPTING FINDINGS,
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition for Writ of
Habeas Corpus (“Petition”), all documents filed by the parties in connection with
Respondent’s Motion to Dismiss, and all of the records herein, including the
December 23, 2020 Report and Recommendation of United States Magistrate Judge
(“Report and Recommendation”), and petitioner’s objections and supplemental
objections thereto filed on February 8, 2021 and February 23, 2021. The Court has
further made a de novo determination of those portions of the Report and
Recommendation to which objection has been made. The Court concurs with and
accepts the findings, conclusions, and recommendations of the United States
Magistrate Judge, and overrules the objections/supplemental objections.
Petitioner’s objections/supplemental objections to the Report and
Recommendation take issue with certain wording in the Report and
Recommendation, attempt to distinguish certain of the authorities referenced therein,
and essentially ask that this Court reweigh the evidence the United States Parole
Commission considered in denying parole and in raising petitioner’s offense
category, which the Court has advised it may not do. See Report and
Recommendation at 9-11, 16, 18. The Court has determined that the Commission’s
actions in denying parole did not violate due process. The other issues petitioner
has raised are beyond judicial review.
Accordingly, IT IS HEREBY ORDERED that (1) the Motion to Dismiss is
granted; (2) the Petition for Writ of Habeas Corpus and this action are dismissed;
and (3) the Clerk shall enter Judgment accordingly and shall serve copies of this
Order and the Judgment herein on petitioner and counsel for respondent.
IT IS SO ORDERED.
DATED: March 29, 2021
MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE
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