Opinion

(PC) Hanson v. Board of Parole Hearings

Court
District Court, E.D. California
Filed
Apr 25, 2023
Cited by
0 cases
Authority
More cited than 18.3%

implying that claim, 16 which if successful would “necessarily” or “likely” accelerate the prisoner’s release on parole, 17 must be brought in a habeas petition

How later courts described this case

  • implying that claim, 16 which if successful would “necessarily” or “likely” accelerate the prisoner’s release on parole, 17 must be brought in a habeas petition

Written by the judges who cited it.

The opinion

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UNITED STATES DISTRICT COURT

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8 EASTERN DISTRICT OF CALIFORNIA

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MALCOLM HANSON, Case No. 1:23-cv-00599-SAB (PC)

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Plaintiff, ORDER DIRECTING CLERK OF COURT

11 TO RANDOMLY ASSIGN A DISTRICT

v. JUDGE TO THIS ACTION

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BOARD OF PAROLE HEARINGS, et al., FINDINGS AND RECOMMENDATION

13 RECOMMENDING DISMISSAL OF THE

Defendants. COMPLAINT FOR FAILURE TO STATE A

14 COGNIZABLE CLAIM FOR RELIEF

15 (ECF No. 1)

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18 Plaintiff Malcolm Hanson is proceeding pro se and in forma pauperis in this civil rights

19 action filed pursuant to 42 U.S.C. § 1983.

20 Currently before the Court is Plaintiff’s complaint, filed April 19, 2023.

21 I.

22 SCREENING REQUIREMENT

23 The Court is required to screen complaints brought by prisoners seeking relief against a

24 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

25 Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

26 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that

27 “seek[] monetary relief against a defendant who is immune from such relief.” 28 U.S.C. §

1915(e)(2)(B); see also 28 U.S.C. § 1915A(b).

1 A complaint must contain “a short and plain statement of the claim showing that the pleader

2 is entitled to relief. . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but

3 “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory

4 statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic

5 Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Moreover, Plaintiff must demonstrate that each

6 defendant personally participated in the deprivation of Plaintiff’s rights. Jones v. Williams, 297

7 F.3d 930, 934 (9th Cir. 2002).

8 Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings

9 liberally construed and to have any doubt resolved in their favor. Wilhelm v. Rotman, 680 F.3d

10 1113, 1121 (9th Cir. 2012) (citations omitted). To survive screening, Plaintiff’s claims must be

11 facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer

12 that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678-79; Moss

13 v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The “sheer possibility that a defendant

14 has acted unlawfully” is not sufficient, and “facts that are ‘merely consistent with’ a defendant’s

15 liability” falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d

16 at 969.

17 II.

18 SUMMARY OF ALLEGATIONS

19 On August 1, 2019, during the initial parole suitability hearing, the presiding

20 commissioner told Plaintiff, “[t]he record does reflect circumstances that would tend to show

21 suitability for parole,” but denied Plaintiff a parole date or freedom. Plaintiff is in state prison

22 falsely and in violation of his due process rights.

23 A subsequent parole hearing was held on January 26, 2021, regarding Plaintiff’s release.

24 Plaintiff was denied a parole date even though he was suitable for release based on the

25 statement by the presiding commissioner in the first parole suitability hearing that “the record

26 does reflect circumstances that would tend to show suitability for parole.”

27 With the assistance of counsel, Plaintiff filed a writ of habeas corpus in the Superior

1 III.

2 DISCUSSION

3 Here, because Plaintiff is challenging the denial of parole and seeks earlier release, the

4 appropriate avenue to obtain relief is not a § 1983 action. “ ‘Federal law opens two main avenues

5 to relief on complaints related to imprisonment: a petition for habeas corpus, 28 U.S.C. § 2254,

6 and a complaint under the Civil Rights Act of 1871, Rev. Stat. § 1979, as amended, 42 U.S.C.

7 § 1983. Challenges to the lawfulness of confinement or to particulars affecting its duration are

8 the province of habeas corpus.’ ” Hill v. McDonough, 547 U.S. 573, 579

9 (2006) (quoting Muhammad v. Close, 540 U.S. 749, 750 (2004)). “An inmate's challenge to the

10 circumstances of his confinement, however, may be brought under § 1983.” Id. Habeas is the

11 “exclusive remedy” for the prisoner who seeks “ ‘immediate or speedier release’ ” from

12 confinement. Skinner v. Switzer, 562 U.S. 521, 533-34 (2011) (quoting Wilkinson v. Dotson, 544

13 U.S. 74, 82 (2005)). A parole claim that affects the legality or duration of a prisoner’s custody,

14 and a determination of which may likely result in entitlement to an earlier release, must be brought

15 in habeas. See Ramirez v. Galaza, 334 F.3d 850, 858-59 (9th Cir. 2003) (implying that claim,

16 which if successful would “necessarily” or “likely” accelerate the prisoner’s release on parole,

17 must be brought in a habeas petition).

18 Furthermore, although a district court may construe a habeas petition by

19 a prisoner attacking the conditions of his confinement as a civil rights action under 42 U.S.C.

20 § 1983, see Wilwording v. Swenson, 404 U.S. 249, 251 (1971), the opposite is not true: A civil

21 rights complaint seeking habeas relief should be dismissed without prejudice to bringing it as a

22 petition for writ of habeas corpus. See Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir.

23 1995). Accordingly, this action should be dismissed without prejudice to Plaintiff's refiling as a

24 petition for habeas corpus pursuant to 28 U.S.C. § 2254.

25 IV.

26 ORDER AND RECOMMENDATION

27 Based on the foregoing, it is HEREBY ORDERED that the Clerk of Court is directed to

! Further, it is HEREBY RECOMMENDED that the instant action be dismissed for failure

to state a cognizable claim for relief.

° This Findings and Recommendation will be submitted to the United States District Judge

‘ assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14)

° days after being served with this Findings and Recommendation, Plaintiff may file written

objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

7 Findings and Recommendation.” Plaintiff is advised that failure to file objections within the

specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,

838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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11 [T IS SOORDERED.

Al (ee

2 bated: _ April 24, 2023 OF

13 UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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