Torts
Writ of Mandate
Writ of Habeas Corpus
Roy Russ v. Robert Withrow, M.D., Executive Director, Coalinga State Hospital (CSH)
Published: Sep. 24, 2016 | Result Date: Aug. 25, 2016 | Filing Date: Jan. 1, 1900 |Case number: 1:15-cv-01932-DAD-MJS Bench Decision – Dismissal
Facts
Roy Russ filed a pro se habeas petition against Robert Withrow, M.D., Executive Director of Coalinga State Hospital.
Contentions
PETITIONER'S CONTENTIONS:
Petitioner contended that the provision tolling his parole was unconstitutional. Petitioner also alleged violation of separation of powers and the denial of his right to vote.
RESPONDENT'S CONTENTIONS:
Respondents moved to dismiss the petition as a second or successive petition.
Result
The district court granted the motion and dismissed the petition accordingly. Moreover, the court declined to issue a certificate of applicability.
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