IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 20, 2010
JAMES MCELROY, PETITIONER,
JAMES HAVILAND, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner is a state prisoner proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the 2007 Board of Parole Hearings ("BPH") decision finding him unsuitable for parole.
The record does not contain a copy of the psychological report relied on by the BPH in 2007 to find petitioner guilty. The record also does not contain a copy of the report discussing petitioner's prison disciplinary record relied on by the BPH.
Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this order, respondent shall file a copy of the report discussing petitioner's prison disciplinary record and the psychological report relied on by the BPH at petitioner's 2007 suitability hearing.
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