(HC) Jackson v. Swarthout, No. 2:2010cv00494 - Document 27 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 9/26/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 8/13/11 26 are ADOPTED in full; Respondent's 11/15/10 MOTION TO DISMISS 20 is GRANTED; Petitioner is GRANTED leave to file an Amende d Petition within 30 days of this order including factual allegations showing: (1) that success on Petitioner's Claims could accelerate his release and (2) that Petitioner remains subject to the discipline imposed on 1/29/08 or that collateral consequences flow from that discipline which prevent the case from being moot. (Mena-Sanchez, L)
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(HC) Jackson v. Swarthout Doc. 27 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNNY CLIFFORD JACKSON, 11 Petitioner, 12 13 No. CIV S-10-0494 GEB EFB P vs. GARY SWARTHOUT, 14 Respondent. 15 ORDER / 16 Petitioner, a state prisoner proceeding without counsel, has filed an application for 17 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 31, 2011, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fourteen days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed August 31, 2011, are adopted in full; 2 2. Respondent’s November 15, 2010 motion to dismiss is granted; and 3 3. Petitioner is granted leave to file an amended petition within 30 days of this 4 order including factual allegations showing: (1) that success on petitioner’s claims could 5 accelerate his release and (2) that petitioner remains subject to the discipline imposed on January 6 29, 2008 or that collateral consequences flow from that discipline which prevent the case from 7 being moot. Petitioner is admonished that failure to timely file an amended petition will result in 8 a recommendation by the assigned magistrate judge that this action be dismissed. 9 Dated: September 26, 2011 10 11 12 GARLAND E. BURRELL, JR. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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