Opinion

Bratton v. California Board of Prison Terms

  • 83 F. App'x 256
Court
Court of Appeals for the Ninth Circuit
Filed
Dec 16, 2003
Status
Published
Cited by
0 cases
Authority
More cited than 10.0%

The opinion

MEMORANDUM **

California state prisoner Henry R. Brat-ton appeals pro se the district court’s order dismissing his 42 U.S.C. § 1983 action in which he challenged the California Board of Prison Terms’ decision to rescind his parole.

All of Bratton’s claims, even those framed as procedural, ultimately concern the denial of his parole and the validity of his current confinement. See Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir.1997) (holding that a prisoner’s allegation that the defendants considered false information in his prison file, which caused the denial of parole, went directly to the substantive question of the propriety of the denial of parole). Therefore, they are not cognizable under § 1983. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364, 2372 , 129 L.Ed.2d 383 (1994); But-terfield, 120 F.3d at 1025 ; see also Ramirez v. Galaza, 334 F.3d 850, 856 (9th Cir.2003) (“Suits challenging the validity of the prisoner’s continued incarceration lie within ‘the heart of habeas corpus,’ whereas ‘a § 1983 action is a proper remedy for a state prisoner who is making a constitutional challenge to the conditions of his prison life, but not to the fact or length of his custody.’ ”) (citation omitted).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.