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John Ara Dakessian v. J. D. Hartley
January 27, 2011
JOHN ARA DAKESSIAN,
PETITIONER,
v.
J. D. HARTLEY, RESPONDENT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER VACATING ORDER DIRECTING RESPONSE TO PETITION ISSUED JANUARY 18, 2011
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 January 10, 2011. Petitioner challenges a California Board of Parole hearing finding him unsuitable for release.
On January 18, 2011, 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 January 18, 2011, Order to Respond is HEREBY VACATED, and briefing is suspended pending further order of the Court.
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