Tuggle

(HC) Wright v. Tuggle

Good Law
United States District Court, Eastern District of CaliforniaSeptember 5, 20242:24-cv-01953California585 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WRIGHT, No. 2:24-cv-1953 DAD CKD P Petitioner, v. J. TUGGLE, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the petitioner is not entitled to relief. The court has conducted that review. Petitioner challenges the fact that he has been denied parole. The Supreme Court has found that California prisoners do have some Due Process Clause protection with respect to parole. Swarthout v. Cooke, 131 S. Ct. 859, 861–62, 178 L.Ed.2d 732 (2011). However, the procedural protections which must be afforded with respect the liberty interest implicated are minimal; the “Constitution does not…

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