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Harold Vincent Franklin v. Connie Gipson

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


March 27, 2013

HAROLD VINCENT FRANKLIN, PETITIONER,
v.
CONNIE GIPSON, WARDEN, RESPONDENTS.

The opinion of the court was delivered by: Honorable Manuel L. Real United States District Judge

ORDER ADOPTING INTERIM REPORT AND RECOMMENDATION

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire file de novo, including the magistrate judge's interim report and recommendation, and the objections to the interim report and recommendation that have been filed herein. The Court agrees with the recommendations of the magistrate judge.

ACCORDINGLY, IT IS ORDERED: 1. The Court adopts the interim report and recommendation, and grants in part respondent's Motion to Dismiss and dismisses Ground One of the Petition for lack of exhaustion, and dismisses the portion of Ground Two challenging petitioner's classification status for lack of habeas jurisdiction; and denies in part the Motion to Dismisswith respect to the portion of Ground Two alleging a due process violation that resulted in a loss of credits. /

2. The clerk shall serve this order on all counsel or parties of record.

20130327

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