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Patrick O'hara v. James Hartley

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 27, 2011

PATRICK O'HARA,
PETITIONER,
v.
JAMES HARTLEY, RESPONDENT.

ORDER VACATING ORDER DIRECTING

RESPONSE TO PETITION ISSUED DECEMBER 13, 2010 [Doc. 5]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Petitioner filed the instant petition for writ of habeas corpus on October 26, 2010. Petitioner challenges a California Board of Parole hearing finding him unsuitable for release.

On December 13, 2010, this Court issued an Order directing Respondent to file a response to the petition.

On January 24, 2011, the Supreme Court issued its opinion in Swarthout v. Cooke, U.S., S.Ct. , 2011 WL 197627 (Jan. 24, 2011) (per curiam). This decision renders the claims presented in the petition non-cognizable for purposes of federal habeas review.

Accordingly, the December 13, 2010, Order to Respond is HEREBY VACATED, and briefing is suspended pending further order of the Court.

IT IS SO ORDERED.

Beck 3b142a

Dennis L. UNITED STATES MAGISTRATE JUDGE

20110127

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