Vasquez

Vasquez v. Macomber

Good Law
United States District Court, Northern District of CaliforniaJanuary 9, 20253:23-cv-06109California1,234 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RUDY VASQUEZ, Case No. 23-cv-06109-WHO (PR)

Petitioner,

ORDER OF DISMISSAL

v.

JEFF MACOMBER, Dkt. No. 10 Respondent.

12 INTRODUCTION Petitioner Rudy Vasquez seeks federal habeas relief from a prison disciplinary decision that resulted in the deprivation of time credits. Respondent moves to dismiss the petition because it fails to state any claim for relief. Vasquez has filed two oppositions to the motion and respondent has filed a reply. Respondent’s motion to dismiss is GRANTED and the petition is DISMISSED. Vasquez has not stated any cognizable habeas claims because success on his claims would not necessarily lead to a speedier release: he is serving an indeterminate term and an unexpunged prison disciplinary decision would not necessarily lead to a grant of parole. BACKGROUND Vasquez is a California state prisoner who has been serving an indeterminate sentence for second degree murder and attempted…

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