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Adams v. Schwartz

United States District Court, E.D. California
May 2, 2008
2:05-02237 JAM JFM (E.D. Cal. May. 2, 2008)

Opinion

2:05-02237 JAM JFM.

May 2, 2008


Memorandum of Opinion and Order


Petitioner Benjamin Adams ("Petitioner") is a state prison inmate proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging the Board of Parole Hearings' decision to rescind a prior grant of parole. On April, 11 2008, Magistrate Judge Moulds issued an order directing the respondent to lodge within 15 days of the order the entire administrative record considered by the panel of the California Board of Prison Terms at the September 13, 2002 parole hearing, the Governor's January 10, 2003 review, and the April 10, 2003 subsequent rescission.

Respondent now moves for reconsideration of this order pursuant to Local Rule 72-303(c) on the ground that review of the entire administrative record is improper under the Antiterrorism and Effective Death Penalty Act ("AEDPA") which limits this court's review of the state court's decision to the record before the state court. Additionally, respondent moves for reconsideration on the ground that production of the entire administrative record is unduly burdensome.

Under Local Rule 72-303(f), a magistrate judge's order shall be upheld unless it is "clearly erroneous or contrary to law." E.D. Cal. L.R. 72-303(f). Although there is no legal basis set forth in the magistrate's order to support requiring production of the administrative record, production may be compelled under Rule 7(a) of the Rules Governing § 2254 Proceedings. See Leon v. A.P. Kane, et al., S-04-2631 FCD JFM P, Mem. Order filed Apr. 24, 2008; accord Moppins v. Warden Solano State Prison, et al., S-08-0159 FCD JFM P, Mem. Order filed Apr. 30, 2008 (denying respondent's motion for reconsideration in an analogous case). Rule 7(a) provides: "the judge may direct the parties to expand the [habeas] record by submitting additional materials relating to the petition." Thus, because production of the administrative record may be required pursuant to Rule 7(a), the court does not find that the magistrate's order was "clearly erroneous or contrary to law." The court also does not find respondent's burdensome claim to be persuasive. Accordingly, Magistrate Judge Moulds' April 11, 2008 order is AFFIRMED. Respondent shall lodge the entire administrative record considered by the panel of the California Board of Prison Terms at the September 13, 2002 parole hearing, the Governor's January 10, 2003 review, and the April 10, 2003 subsequent rescission within 15 days from service of this order.

IT IS SO ORDERED.


Summaries of

Adams v. Schwartz

United States District Court, E.D. California
May 2, 2008
2:05-02237 JAM JFM (E.D. Cal. May. 2, 2008)
Case details for

Adams v. Schwartz

Case Details

Full title:BENJAMIN ADAMS, Petitioner, v. TERESA SCHWARTZ, Warden, Respondent

Court:United States District Court, E.D. California

Date published: May 2, 2008

Citations

2:05-02237 JAM JFM (E.D. Cal. May. 2, 2008)