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Brown v. Small

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 18, 2010

WILLIAM ODESSA BROWN, II, PETITIONER,
v.
LARRY SMALL, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING MOTION TO DISMISS; AND DENYING CERTIFICATE OF APPEALABILITY

William Odessa Brown, II, has filed a Petition For Writ of Habeas Corpus, alleging due process violations resulting from the prison's failure to restore lost credits forfeited due to an administrative finding of guilt for a rule violation. In a Report and Recommendation filed on July 19, 2010, Magistrate Judge Stormes recommends that Respondent's motion to dismiss be granted on the grounds that the Petition fails to challenge the legality or duration of Petitioner's confinement and is successive. The Court has conducted a de novo review of the Report and Recommendation and the relevant record and concludes that the Report and Recommendation properly applies the law to the record. Therefore, the Court ADOPTS the Report and Recommendation and ORDERS as follows:

(1) Respondent's motion to dismiss is GRANTED;

(2) The Petition for Writ of Habeas Corpus is DISMISSED; and

(3) The Court DENIES a Certificate of Appealability. The Clerk shall enter a final judgment accordingly.

IT IS SO ORDERED.

20101018

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