Brown v. Small et al

Filing 19

ORDER Adopting 16 Report and Recommendations; Granting 11 Motion to Dismiss; and Denying Certificate of Appealability. The Court ADOPTS the Report and Recommendation and ORDERS as follows: (1) Respondent's motion to dismiss is GRANTED; (2) The Petition for Writ of Habeas Corpus is DISMISSED; and (3) the Court DENIES a Certificate of Appealability. Signed by Judge Barry Ted Moskowitz on 10/18/2010. (All non-registered users served via U.S. Mail Service)(jer)

-NLS Brown v. Small et al

Doc. 19

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 William Odessa Brown, II, has filed a Petition For Writ of Habeas Corpus, alleging due process violations resulting from the prison's failure to restore lost credits forfeited due to an administrative finding of guilt for a rule violation. In a Report and Recommendation filed on July 19, 2010, Magistrate Judge Stormes recommends that Respondent's motion to dismiss be granted on the grounds that the Petition fails to challenge the legality or duration of Petitioner's confinement and is successive. The Court has conducted a de novo review of the Report and Recommendation and the relevant record and concludes that the Report and Recommendation properly applies the law to the record. Therefore, the Court ADOPTS the Report and Recommendation and ORDERS as follows: (1) Respondent's motion to dismiss is GRANTED; (2) The Petition for Writ of Habeas Corpus is DISMISSED; and WILLIAM ODESSA BROWN, II, v. LARRY SMALL, WARDEN, Respondent. Petitioner, Case No. 10cv99 BTM(NLS) ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING MOTION TO DISMISS; AND DENYING CERTIFICATE OF APPEALABILITY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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Dockets.Justia.com

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(3) The Court DENIES a Certificate of Appealability. The Clerk shall enter a final judgment accordingly. IT IS SO ORDERED.

DATED: October 18, 2010

Honorable Barry Ted Moskowitz United States District Judge

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