William Dunne v. T. Jusino

Filing 29

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)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
12
13
14

WILLIAM DUNNE,
Petitioner,
v.
T. JUSINO, Warden,

Case No. 2:20-cv-04504-MWF-JC
ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

15
16

Respondent.

17
18

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

19

Habeas Corpus (“Petition”), all documents filed by the parties in connection with

20

Respondent’s Motion to Dismiss, and all of the records herein, including the

21

December 23, 2020 Report and Recommendation of United States Magistrate Judge

22

(“Report and Recommendation”), and petitioner’s objections and supplemental

23
24
25
26
27
28

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.

1

Petitioner’s objections/supplemental objections to the Report and

2

Recommendation take issue with certain wording in the Report and

3

Recommendation, attempt to distinguish certain of the authorities referenced therein,

4

and essentially ask that this Court reweigh the evidence the United States Parole

5

Commission considered in denying parole and in raising petitioner’s offense

6

category, which the Court has advised it may not do. See Report and

7

Recommendation at 9-11, 16, 18. The Court has determined that the Commission’s

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

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