Mutulu Shakur v. Louis Milusnic et al, No. 5:2019cv00727 - Document 81 (C.D. Cal. 2022)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISRATEJUDGE by Judge Stephen V. Wilson, IT IS ORDERED that: (1) Claims One, Three, and Thirteen of the Petition are DENTED; (2) Claim Two of the Petition is GRANTED; (3) the Bureau o f Prisons shall expunge Petitioner's March 2013 disciplinary conviction for a violation of Bureau of Prisons Rule 297; (4) Petitioner shall be provided with a new initial 18 U.S.C. § 4206(d) mandatory parole hearing and consideration with in 90 days of the entry of this Judgment, and the United States Parole Commission shall assess whether the two Section 4206(d) statutory exceptions to mandatory parole exist without regard to or consideration of the 2013 disciplinary conviction; ( 5) to the extent that the 2013 disciplinary conviction has been used as a basis for increasing etitioner's statutory release date under the United States Parole Commission's guidelines, any additional time so imposed shall be removed; and (6) Judgment shall be entered dismissing this action with prejudice. re: Report and Recommendation (Issued) 79 (es)