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16-562 - Andreozzi v. Tracy


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16-562 - Andreozzi v. Tracy
July 8, 2016
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REPORT AND RECOMMENDATION that the Petition for Writ of Habeas Corpus (Doc. 1) and motion to strike (Doc. 14 at 2-4) be DENIED. Signed by Magistrate Judge Bridget S Bade on 7/7/2016. (KMG)
October 3, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: The Court will accept Judge Bade's 16 Report and Recommendation, but on a different basis. The Petition for writ of habeas corpus (Doc. 1) is denied without prejudice. The Clerk of the Court is directed to terminate this action. A certificate of appealability is denied because the Court concludes that the Petition plainly cannot be pursued as a habeas action and the Court should not recharacterize it as a civil rights claim. The Court does not believe that reasonable jurists would disagree, particularly in light of the Ninth Circuit's recent decision in Nettles, 2016 WL 4072465. Signed by Judge David G Campbell on 10/3/16. (KGM)