Hill v. Swarthout
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/14/11 ORDERING that petitioner is required to SHOW CAUSE in writing, within 30 days of the date of this order, why his petition for a writ of habeas corpus should not be summarily dismissed.(Dillon, 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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HARRILL HILL,
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No. CIV S-11-2457-CMK-P
Petitioner,
vs.
ORDER
GARY SWARTHOUT,
Respondent.
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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
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habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole. Pending before the
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court is petitioner’s petition for a writ of habeas corpus (Doc. 1).
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Rule 4 of the Federal Rules Governing Section 2254 Cases provides for summary
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dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and any
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exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the
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instant case, it is plain that petitioner is not entitled to federal habeas relief. Petitioner claims that
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the denial of parole under “Marsy’s Law” for a longer period than allowed under the law at the
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time he was convicted constitutes a prohibited ex post facto law. This claim has been foreclosed
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by the Ninth Circuit. See Gilman v. Schwarzenegger, 638 F.3d 1101 (9th Cir. 2011).
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Based on the foregoing, petitioner is required to show cause in writing, within 30
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days of the date of this order, why his petition for a writ of habeas corpus should not be
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summarily dismissed. Petitioner is warned that failure to respond to this order may result in
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dismissal of the petition the reasons outlined above, as well as for failure to prosecute and
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comply with court rules and orders. See Local Rule 110.
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IT IS SO ORDERED.
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DATED: November 14, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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