McElroy v. Haviland et al

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 10/20/10 ORDERING that within 21 days of the date of this order, respondent shall file a copy of the report discussing petitioners prison disciplinary record and the psychological report relied on by the BPH at petitioners 2007 suitability hearing. (Dillon, M)

(HC) McElroy v. Haviland et al

Doc. 18

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES HAVILAND, Respondent. / Petitioner is a state prisoner proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the 2007 Board of Parole Hearings ("BPH") decision finding him unsuitable for parole. The record does not contain a copy of the psychological report relied on by the BPH in 2007 to find petitioner guilty. The record also does not contain a copy of the report discussing petitioner's prison disciplinary record relied on by the BPH. //// //// //// //// //// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES McELROY, Petitioner, No. 2: 09-cv-2259 GEB KJN P

ORDER

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mc2259.fb

Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this order, respondent shall file a copy of the report discussing petitioner's prison disciplinary record and the psychological report relied on by the BPH at petitioner's 2007 suitability hearing. DATED: October 20, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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