MITCHELL v. SMALL

No. 10cv1639-BTM (BGS).

LAMONTI MITCHELL, Petitioner, v. LARRY SMALL, Warden, et al., Respondents.

United States District Court, S.D. California.

March 29, 2012.


Attorney(s) appearing for the Case

Lamonti Mitchell, Petitioner, Pro Se.

Larry Small, Warden, Respondent, represented by Attorney General , State of California, Office of the Attorney General & Michael P. Rhoads , California Attorney Generals Office.

Mike McDonald, Respondent, represented by Attorney General , State of California & Michael P. Rhoads , California Attorney Generals Office.

Attorney General Edmund G. Brown, Jr., Respondent, represented by Attorney General , State of California & Michael P. Rhoads , California Attorney Generals Office.


ORDER:

(1) ADOPTING IN PART AND DECLINING TO ADOPT IN PART THE FINDINGS AND CONCLUSIONS OF UNITED STATES MAGISTRATE JUDGE;

(2) GRANTING RESPONDENT'S MOTION TO DISMISS;

(3) DISMISSING PETITION FOR WRIT OF HABEAS CORPUS; and

(4) ISSUING A LIMITED CERTIFICATE OF APPEALABILITY

BARRY TED MOSKOWITZ, Chief District Judge.

Petitioner is a California prisoner proceeding pro se with a First Amended Petition for a Writ of Habeas...

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