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Hite v. E. Valenzuela

United States District Court, C.D. California

December 12, 2014

WILLIAM JESS HITE, Petitioner,
v.
E. VALENZUELA, WARDEN, Respondent

William Jess Hite, Petitioner, Pro se, San Luis Obispo, CA.

For E. Valenzuela, Warden, Respondent: Amber Nicole Wipfler, LEAD ATTORNEY, CAAG - California Attorney General, San Francisco, CA.

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

DAVID O. CARTER, UNITED STATES DISTRICT JUDGE.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Report and Recommendation of United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which Petitioner has objected. The Court (1) accepts the findings and recommendations of the Magistrate Judge, and therefore (2) grants Respondent's motion to dismiss, as reflected in the Report.

JUDGMENT

This matter came before the Court on the Petition of WILLIAM JESS HITE for a writ of habeas corpus. Having reviewed the Petition and supporting papers; having accepted the April 21, 2014 First Interim Report of the United States Magistrate Judge; and having accepted the October 17, 2014 Report, IT IS ORDERED AND ADJUDGED that the Petition is denied and the action is dismissed (1) with prejudice as to Claims 1 and 2, as reflected in the First Interim Report; and (2) without prejudice as to the remaining claim asserting an ex post facto challenge to the Proposition-9-based extension of the time before Petitioner's next parole eligibility hearing.


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