Hawks v. Curry et al

Filing 38

ORDER ON REMAND AND JUDGMENT. Signed by Judge Jeffrey S. White on January 4, 2012. (jswlc3, COURT STAFF) (Filed on 1/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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HAROLD HARVEY HAWKS,

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For the Northern District of California

United States District Court

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No. C 08-04605 JSW

Petitioner,
ORDER ON REMAND AND
JUDGMENT

v.
BEN CURRY,
Respondent.
/

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On September 22, 2010, this Court entered an order granting Petitioner’s Petition for

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Writ of Habeas Corpus and entered judgment in favor of Petitioner. On December 23, 2011,

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because Petitioner did not raise any procedural challenges to the decision to deny him parole,

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he Ninth Circuit vacated that judgment and remanded. See Swarthout v. Cooke, 131 S.Ct. 859,

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862-63 (2011) (per curiam).

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In light of the Ninth Circuit’s opinion, the Court HEREBY DENIES the Petition for

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Writ of Habeas Corpus, and HEREBY ENTERS Judgment in favor of Respondent. The Clerk

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shall close the file.

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IT IS SO ORDERED.
Dated: January 4, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE