Opinion
No. Civ. S-96-0783 LKK/PAN P.
December 2, 2005
ORDER
The court is in receipt of the U.S. Court of Appeals for the Ninth Circuit's November 23, 2005 order dismissing the appeal as the court's May 19, 2005 was not a final appealable order. The court hereby AMENDS the May 19, 2005 order to read as follows:
Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.
On December 22, 2004, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Respondent has filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDER that:
1. The findings and recommendations filed December 22, 2004, are adopted in full; and
2. The petition for writ of habeas corpus is GRANTED and petitioner is ordered released unless, within sixty days, respondent provides a fair parole suitability hearing, conducted by a board free of any prejudice stemming from a gubernatorial policy against parole for murderers.
IT IS SO ORDERED.