Opinion
2:19-cv-1633 KJM KJN P
09-29-2021
CLARENCE V. KNIGHT, Petitioner, v. MARION E. SPEARMAN, Respondents.
ORDER
Petitioner, a state prisoner proceeding pro se, has filed this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 10, 2021, 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-one days. Petitioner 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 304, this court has conducted a de novo review of this case. In particular the court has considered petitioner's arguments that (1) the Board of Parole Hearings (BPH) scheduled an early parole hearing before the 5-year denial of parole expired in order to beat the 2021 deadline to conduct a Youth Offender Parole Hearing (YOPH), ECF No. 20 at 2:6-8, and (2) the magistrate judge's assertion that he brings claims based on his 2015 parole hearing or denial is mistaken, ECF No. 20 at 2:20-22. Having carefully reviewed the file, the court finds the findings and recommendations do properly address these issues, and otherwise are supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed February 10, 2021, are adopted in full;
2. Petitioner's motion for stay and abeyance (ECF No. 17) is denied;
3. Respondent's motion to dismiss (ECF No. 13) is granted;
4. This action is dismissed; and
5. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.