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Michael Louis Overton v. Warden

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 10, 2011

MICHAEL LOUIS OVERTON, PETITIONER,
v.
WARDEN, CALIFORNIA MEDICAL FACILITY, RESPONDENT.

ORDER

Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By this action, petitioner challenged a 2008 decision of the Board of Parole Hearings (Board) to deny him parole. On March 12, 2009, this action was dismissed for failure to exhaust state remedies. On September 28, 2011, petitioner filed a motion styled as a motion to reopen this action. The motion is not accompanied by a new petition for writ of habeas corpus. Petitioner is informed that any cognizable challenge to the 2008 Board decision must be brought, if at all, in a new action.*fn1 Petitioner's motion will be denied and no orders will issue in response to future filings in this action.

In accordance with the above, IT IS HEREBY ORDERED that petitioner's September 28, 2011 motion is denied.


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