Bryant v. Haviland et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Charlene H. Sorrentino on 2/4/11 Recommending that Petitioner's claims that Marsy's Law violates the federal due process, equal protection, and cruel and unusual punishment clauses be dismissed without prejudice, as a petition for writ of habeas corpus is the improper vehicle by which to pursue these claims; and Petitioner's claim that Marsy's Law violates the Ex Post Facto Clause be dismissed as duplicative of a claim c urrently pending in the class action Gilman v. Shwarzenegger, CIV-S-05-0830 LKK GGH. Petitioner's petition for writ of habeas corpus 1 with respect to his challenge to the Board's determination that he was unsuitable for parole be denied. These Findings and Recommendations are submitted to U.S. District Judge Garland E. Burrell, Jr. Within twenty-one days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties.(Mena-Sanchez, L)