(HC) Calderon v. Covello, No. 5:2022cv03881 - Document 30 (N.D. Cal. 2023)

Court Description: ORDER GRANTING MOTION TO DISMISS; DENYING CERTIFICATE OF APPEALABILITY; DENYING OTHER MOTIONS AS MOOT by Judge Beth Labson Freeman Denying 27 Motion ; Granting 22 Motion to Dismiss; Denying 25 Motion ; Denying 26 Motion. (tsh, COURT STAFF) (Filed on 8/22/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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Dockets.Justia.com ORDER GRANTING MOTION TO DISMISS; DENYING CERTIFICATE OF APPEALABILITY; DENYING OTHER MOTIONS AS MOOT (HC) Calderon v. Covello Doc. 30 I. BACKGROUND See Calderon v. Covello See Calderon v. Covello See See Bias v. Moynihan Id. Id. People v. Calderon Calderon Id Younger v. Harris Id. See supra II. DISCUSSION A. Federal Claims and Jurisdiction Id. 1. Claim One – Resentencing under Senate Bill 1437 People v. Martinez Id Id. Id. See Swarthout v. Cooke Estelle v. McGuire See Christian v. Rhode See Langford v. Day See Walters v. Maass See Bradshaw v. Richey Hicks v. Feiock See Calderon Id. Id. See e.g. Harris v. Cisneros Gomez v. Godwin Blacher v. Pollard see also McCavitt v. Covello Blacher 2. Claim Two – Parole Hearing under SB 260 Id. See Id. See Cooke Miller v. Alabama Montgomery v. Alabama Estelle Graham v. Florida Nettles v. Grounds cert. denied Nettles Id 3. Claim Three – Transfer to Mexico sic Id. Id. Nettles Wilkinson v. Dotson Skinner v. Switzer 4. Claim Four – Denial of Parole sic Id. Swarthout v. Cooke Id. Greenholtz v. Inmates of Neb. Penal & Corr. Complex See Cooke see Miller v. Or. Bd. of Parole and Post-Prison Supervision Cooke Cooke Pearson v. Muntz Roberts v. Hartley Pearson Cooke Roberts Cooke Greenholtz Id. Wilkinson B. Petitioner’s Motions See supra III. CONCLUSION GRANTED DENIED with prejudice DENIED See See West v. Atkins Slack v. McDaniel IT IS SO ORDERED.

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