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Richardson v. Yates

United States Court of Appeals, Ninth Circuit
Jun 1, 2011
435 F. App'x 625 (9th Cir. 2011)

Summary

finding that speculative assertion as to possible impact on parole is insufficient to establish habeas jurisdiction

Summary of this case from Miller v. Fayram

Opinion

No. 10-15974.

Argued and Submitted May 9, 2011 San Francisco, California.

June 1, 2011.

Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Senior District Judge, Presiding D.C. No. 2:08-cv-02964-FCDEFB.

Before: HUG and PAEZ, Circuit Judges, and O'GRADY, District Judge.

The Honorable Liam O'Grady, District Judge for the U.S. District Court for Eastern Virginia, Alexandria, sitting by designation.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


California state prisoner Forrest M. Richardson ("Richardson") appeals from the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

We grant the Petitioner's motion to take judicial notice of the docket and record in Forrest M. Richardson v. D.K. Sisto, Warden, et. al., No. 2:10-CV-00025-GEB-EFB.

A challenge to a condition of imprisonment, as opposed to a challenge to the fact or duration of imprisonment, is not a cognizable habeas claim. Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003).

Richardson contends that the prison officials' 2007 disciplinary finding for violating prison conduct rules will affect the duration of his imprisonment because it might be viewed disfavorably by the Board of Parole Hearings and decrease his chance of a favorable parole decision. These potential consequences of his misconduct violation are too speculative to establish habeas corpus jurisdiction. See Wilkinson v. Dotson, 544 U.S. 74, 82 (2005) (holding that habeas jurisdiction did not exist for claims seeking relief that would invalidate state procedures used to deny eligibility and suitability for parole); Ramirez, 334 F.3d at 859 (stating that "habeas jurisdiction is absent, and a § 1983 action proper, where a successful challenge to a prison condition will not necessarily shorten the prisoner's sentence."); cf. Docken v. Chase, 393 F.3d 1024, 1031 (9th Cir. 2004) (holding that claim regarding frequency of parole review was cognizable in habeas). We therefore conclude that the district court did not err in dismissing Richardson's habeas petition.

Finally, relying on Heck v. Humphrey, Richardson argues that before he can properly pursue a 42 U.S.C. § 1983 action, he must first expunge the disciplinary conviction at issue. 512 U.S. 477 (1994). As the State conceded at argument, because Richardson's misconduct conviction did not affect the length of his confinement, he may pursue a § 1983 action without first complying with the rule in Heck. See Ramirez, 334 F.3d at 858. We agree, and conclude that Richardson is not barred from pursuing his § 1983 action noted above.

AFFIRMED


Summaries of

Richardson v. Yates

United States Court of Appeals, Ninth Circuit
Jun 1, 2011
435 F. App'x 625 (9th Cir. 2011)

finding that speculative assertion as to possible impact on parole is insufficient to establish habeas jurisdiction

Summary of this case from Miller v. Fayram

affirming dismissal of Section 2254 case because relief was available under Section 1983

Summary of this case from Ekdahl v. Diaz
Case details for

Richardson v. Yates

Case Details

Full title:FORREST M. RICHARDSON, Petitioner-Appellant, v. JAMES YATES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 1, 2011

Citations

435 F. App'x 625 (9th Cir. 2011)

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