Jackson v. Swarthout
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 9/26/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 8/13/11 26 are ADOPTED in full; Respondent's 11/15/10 MOTION TO DISMISS 20 is GRANTED; Petitioner is GRANTED leave to file an Amende d Petition within 30 days of this order including factual allegations showing: (1) that success on Petitioner's Claims could accelerate his release and (2) that Petitioner remains subject to the discipline imposed on 1/29/08 or that collateral consequences flow from that discipline which prevent the case from being moot. (Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHNNY CLIFFORD JACKSON,
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Petitioner,
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No. CIV S-10-0494 GEB EFB P
vs.
GARY SWARTHOUT,
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Respondent.
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ORDER
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Petitioner, a state prisoner proceeding without counsel, has filed an application for
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a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On August 31, 2011, the magistrate judge filed findings and recommendations
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herein which were served on all parties and which contained notice to all parties that any
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objections to the findings and recommendations were to be filed within fourteen days. Neither
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party has filed objections to the findings and recommendations.
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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/////
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1. The findings and recommendations filed August 31, 2011, are adopted in full;
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2. Respondent’s November 15, 2010 motion to dismiss is granted; and
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3. Petitioner is granted leave to file an amended petition within 30 days of this
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order including factual allegations showing: (1) that success on petitioner’s claims could
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accelerate his release and (2) that petitioner remains subject to the discipline imposed on January
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29, 2008 or that collateral consequences flow from that discipline which prevent the case from
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being moot. Petitioner is admonished that failure to timely file an amended petition will result in
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a recommendation by the assigned magistrate judge that this action be dismissed.
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Dated: September 26, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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