(HC) Corral v. Gonzalez et al, No. 1:2010cv00699 - Document 16 (E.D. Cal. 2010)
Court Description: ORDER VACATING 12 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Sandra M. Snyder on 8/3/2010. (Marrujo, C)
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(HC) Corral v. Gonzalez et al Doc. 16 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 TOMMY CORRAL, ) ) Petitioner, ) ) v. ) ) ) F. GONZALEZ, Warden, et al., ) ) Respondents. ) ____________________________________) 1:10-CV-00699 LJO SMS HC ORDER VACATING JUNE 3, 2010, FINDINGS AND RECOMMENDATION THAT HAD RECOMMENDED THE PETITION BE DISMISSED [Doc. #12] 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. 20 On June 3, 2010, this Court issued a Findings and Recommendation that recommended the 21 petition be dismissed for lack of jurisdiction. The Court determined that Petitioner’s challenge to his 22 gang validation and placement in the secured housing unit was not cognizable in a habeas action 23 since Petitioner was challenging a condition of his confinement which did not affect the length of his 24 confinement. On July 6, 2010, Petitioner filed objections to the Findings and Recommendation. 25 Petitioner states his gang validation has affected the length of his sentence by altering his credit26 earning status. He has submitted calculation worksheets which appear to show his sentence was 27 lengthened as a result of his gang validation. 28 U .S. D istrict C ourt E. D . C alifornia cd 1 Dockets.Justia.com 1 2 Accordingly, the Court hereby VACATES the Findings and Recommendation of June 3, 2010. 3 4 IT IS SO ORDERED. 5 Dated: icido3 August 3, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U .S. D istrict C ourt E. D . C alifornia cd 2
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