Crane v. McDonald

Filing 40

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 01/19/11 ORDERING this action, Case No. CIV S-09-0852 FCD EFB P is related to petitioner's habeas petitions at Case No. CIV S-09-1511 DAD P. Accordingly, Cas e No. CIV S-09-1511 DAD P is hereby reassigned to the undersigned. The clerk is directed to make appropriate adjustment in the assignment of civil cases to compensate for the reassignment. Petitioner's motions for consolidation in Case No. CIV S-09-0852 FCD EFB P Docket Numbers 17 and 29 are denied. Petitioner's request to proceed in forma pauperis in Case No. CIV S-10-2604 EFB P Docket Nos. 2 and 4 is granted. The petition filed in Case No. CIV S-10-2604 EFB P is dismissed . Petitioner's claim that he was placed in administrative segregation from 03/20/08 to 09/15/08 is dismissed without leave to amend, but without prejudice to petitioner's raising the claim in a civil rights action. Petitioner's claim that he has been deprived of programs he must complete to be eligible for parole is dismissed with leave to amend. Petitioner shall have 30 days from the date of this order to file an amended petition identifying the specific parole denial he wishe s to challenge, stating what findings or recommendations the BPH made that underly his claim of constitutional violation, explaining how the alleged constitutional violation impacts the duration of his confinement and otherwise complying with this or der. Also, RECOMMENDING that respondent's 09/15/10 motion to dismiss in Case No. CIV S-09-0852 FCD EFB P, Docket No. 26 be granted in part and petitioner's claims regarding the validity of the 11/22/05 RVR be dismissed. Respondent be pr ovided 30 days from the date of any order adopting these findings and recommendations to file a dispositive motion regarding the remaining parole-denial claim or to answer to the petition. Petitioner's 10/18/10 motion for summary judgment in Case No. CIV S-09-0852 EFB P, Docket No. 30 be denied. Motion to Dismiss 26 and motion for summary judgment 30 referred to Judge Frank C. Damrell. Objections due within 14 days.(Plummer, M)