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HAYWARD v. MARSHALL

No. 06-55392.

512 F.3d 536 (2008)

Ronald HAYWARD, Petitioner-Appellant, v. John MARSHALL, Warden, California Men's Colony East, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2008.

Attorney(s) appearing for the Case

Joseph V. Camarata, Vallejo, CA; and Michael Satris, Esq., Bolinas, CA, for petitioner-appellant Ronald Hayward.

Bill Lockyer, Attorney General of the State of California, Mary Jo Graves, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jennifer A. Neill, Supervising Deputy Attorney General, Jane Catherine Malich, Deputy Attorney General, Los Angeles, CA, for respondent-appellee John Marshall.

Before: ALEX KOZINSKI, Chief Judge, DANIEL M. FRIEDMAN, and RONALD M. GOULD, Circuit Judges.

GOULD, Circuit Judge:

California state prisoner Ronald Hayward has twice been granted a parole date by the California Board of Prison Terms ("Board").1 California's Governor has twice reversed the Board's determination that Hayward was suitable for parole. Hayward appeals the district court's denial of his petition for a writ of habeas corpus.

I

On December 15, 1978, Hayward, with other members of the Vagos motorcycle...

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