Overton v. Bachlor et al
Filing
26
ORDER signed by Magistrate Judge John F. Moulds on 11/10/11 ordering that petitioner's 09/28/11 motion 25 is denied. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL LOUIS OVERTON,
Petitioner,
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vs.
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No. 2:08-cv-1128 MCE JFM (HC)
WARDEN, CALIFORNIA MEDICAL
FACILITY,
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Respondent.
ORDER
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Petitioner is a state prisoner proceeding pro se with an application for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. By this action, petitioner challenged a 2008
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decision of the Board of Parole Hearings (Board) to deny him parole. On March 12, 2009, this
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action was dismissed for failure to exhaust state remedies. On September 28, 2011, petitioner
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filed a motion styled as a motion to reopen this action. The motion is not accompanied by a new
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petition for writ of habeas corpus. Petitioner is informed that any cognizable challenge to the
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2008 Board decision must be brought, if at all, in a new action.1 Petitioner’s motion will be
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denied and no orders will issue in response to future filings in this action.
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This court makes no findings concerning whether a federal court would still have
jurisdiction over such a challenge or whether it would be timely or otherwise cognizable.
In accordance with the above, IT IS HEREBY ORDERED that petitioner’s
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September 28, 2011 motion is denied.
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DATED: November 10, 2011.
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12/mp
over1128.158
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