Evans v. Hartley
Filing
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ORDER DISMISSING 16 Motion as MOOT signed by Magistrate Judge Sheila K. Oberto on 9/27/2011. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LATIF R. EVANS,
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Petitioner,
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v.
BOARD OF PAROLE HEARINGS
(BPH), et al.,
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Respondents.
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) 1:11-cv—01424-LJO-SKO-HC
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) ORDER DISMISSING MOTION AS MOOT
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Petitioner is a state prisoner proceeding pro se with a
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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
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The matter has been referred to the Magistrate Judge pursuant to
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28 U.S.C.§ 636(b)(1) and Local Rules 302 and 303.
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the Court is Petitioner’s motion for issuance of an order to show
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cause, filed on September 22, 2011.
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Pending before
Because the Court has previously directed Respondent to file
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a response to the petition, Petitioner’s request for an order to
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show cause is moot.
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issuance of a writ of habeas corpus, Petitioner’s motion is
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premature because the merits of the case are not yet ready to be
To the extent that Petitioner seeks the
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considered.
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Therefore, Petitioner’s motion is DISMISSED.
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IT IS SO ORDERED.
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Dated:
ie14hj
September 27, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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