Sanchez v. Kane

Full title: FERNANDO SANCHEZ, Petitioner, v. A.P. KANE, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jul 31, 2006

CV 04-9403-AHS (RC) (C.D. Cal. Jul. 31, 2006)

Opinion

FERNANDO SANCHEZ, Petitioner, v. A.P. KANE, Respondent. No. CV 04-9403-AHS (RC) United States District Court, C.D. California. July 31, 2006

          ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          ALICEMARIE STOTLER, District Judge.

         Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination.

         IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) the Report and Recommendation is adopted as the findings of fact and conclusions of law herein; (3) finding the Governor's reversal of the Board's decision to grant parole to petitioner is not supported by "some evidence" in the record, and petitioner was, thus, denied due process of the law; and (4) Judgment shall be entered granting petitioner's petition for writ of habeas corpus and discharging petitioner from custody and ordering petitioner to be released on parole forthwith.

         IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order, the Magistrate Judge's Report and Recommendation and Judgment by the United States mail on the parties.