Bartholomew v. Mendoza-Powers

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 8 Motion to Dismiss, filed by Kathy Mendoza-Powers. Court adopts the Magistrate Judge's 11 Report and Recommendations in its entirety. The Petition for Writ of Habeas Corpus is denied in part, wit h respect to Petitioner's equal protection claim. Respondent Kathy Mendoza-Powers shall file a answer to the remaining claims in the petition by 6/29/2009. Signed by Judge Irma E. Gonzalez on 5/26/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).

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 27 28 The Court notes that although the petition and "oppositional briefing" briefly mention Petitioner's contention that his Sixth Amendment rights were violated, neither document sets forth the factual grounds supporting this contention. -108cv1270
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
TROY A. BARTHOLOMEW, Petitioner, vs. CASE NO. 08-CV-1270-IEG (NLS) ORDER: (1) ADOPTING THE MAGISTRATE JUDGE'S REPORT [Doc. No. 11]; and Respondent. (2) DENYING IN PART THE PETITION FOR WRIT OF HABEAS CORPUS [Doc. No. 1].

KATHY MENDOZA-POWERS, Warden,

On July 14, 2008, petitioner Troy Bartholomew, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the Board of Parole Hearings' November 14, 2006 decision to deny him parole. (Doc. No. 1.) Petitioner claims the Board failed to consider the "individualized factors" of his case, in violation of his Sixth Amendment,1 due process, and equal protection rights. This matter was referred to United States Magistrate Nita L. Stormes pursuant to 28 U.S.C. § 636(b)(1)(B). On March 13, 2009, Magistrate Judge Stormes issued a Report and Recommendation recommending the Court deny the petition for writ of habeas corpus in part because Petitioner had not set forth a colorable equal protection claim. (Doc. No. 11.) Any objections to the Report and

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Recommendation were due April 20, 2009. Petitioner has not filed any objections as of the date of this Order. Accordingly, the Court ADOPTS the magistrate judge's well-reasoned Report and Recommendation in its entirety, and DENIES IN PART the petition for writ of habeas corpus, with respect to Petitioner's equal protection claim. Respondent shall file a response to the remaining claims in the petition no later than June 20, 2009. IT IS SO ORDERED. DATED: May 26, 2009 IRMA E. GONZALEZ, Chief Judge United States District Court

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08cv1270