Summary
recognizing that challenges to parole decisions are "measured not from the finality of the defendant's underlying conviction under § 2244(d), but from the date on which the factual predicate of the parole challenge could have been discovered through the exercise of due diligence."
Summary of this case from Jones v. LA Bd. of Prob. & ParoleOpinion
Civil Action No. 04-3491.
August 29, 2006
ORDER
The Court, having considered the petition, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the failure of petitioner to file any objection to the magistrate Judge's Report and Recommendation, and the fact that more than four months have passed since the issuance of the Report and Recommendation, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion herein. Accordingly,
IT IS ORDERED that the application for federal habeas corpus relief of petitioner, Reginald S. Bernard, is DISMISSED with prejudice.