Summary
recommending that a motion to dismiss a habeas petition be denied because reversal or expungement of the rules violation conviction in question was likely to accelerate petitioner's eligibility for parole particularly where in denying parole the Board specifically warned petitioner that he should become disciplinary free
Summary of this case from Mitchell v. SwarthoutOpinion
No. 2:10-cv-1226 GEB KJN P.
January 4, 2011
ORDER
On December 15, 2010, respondent filed a motion for reconsideration of this court's December 8, 2010 order in light of both parties' declination of consent to proceed before the undersigned. Good cause appearing, the December 8, 2010 order is vacated and the court will issue findings and recommendations herewith.
IT IS HEREBY ORDERED that:
1. Respondent's December 15, 2010 motion for reconsideration (dkt. no. 15) is granted.
2. The December 8, 2010 order (dkt. no. 14) is vacated.
DATED: January 3, 2011