Clark v. Hernandez

          ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING THE PETITION FOR HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254

          MARILYN L. HUFF, District Judge.

         On March 3, 2008, Petitioner Joseph Clark filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the Board of Parole Hearings' (the "Board") denial of parole on August 10, 2005. Petitioner presents two issues: (1) violation of his federal right to procedural due process by denial of parole based on the facts of his commitment offense; and (2) violation of his federal right to procedural due process by deferring a subsequent parole hearing for three years. On August 6, 2008, Respondent filed an answer to the petition.

         After reviewing the Petition, Respondent's Answer and Memorandum of Points and Authorities, and all supporting documents submitted by the parties, and the Report and Recommendation of the Magistrate Judge, the Court adopts the Report and Recommendation, and denies the petition.

         IT IS SO ORDERED.