Opinion
No. 06-16715.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed May 22, 2008.
John C. Montue, Vacaville, CA, pro se.
Heather M. Heckler, David J. Neill, AGCA-Office of the California Attorney General, Sacramento, CA, for Respondents-Appellees.
Appeal from the United States District Court for the Eastern District of California, Lawrence K. Karlton, District Judge, Presiding. D.C. No. CV-04-02663-LKK.
Before: PREGERSON, TASHIMA and GOULD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
California state prisoner John C. Montue appeals pro se from the district court's judgment dismissing his 28 U.S.C. § 2241 petition, in which he challenged the Board of Prison Term's 1997 decision finding him ineligible for parole. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.
We conclude that the district court properly determined this petition was duplicative of the petition filed in district court case no. 98-01580. Therefore, the district court's judgment dismissing the petition is affirmed.