Padilla v. Lynch

398 F.2d 481 Luis Soto PADILLA, Appellant, v. Thomas C. LYNCH, Attorney General of the State of California, John Doe, Chairman of the Adult Authority, Arthur L. Oliver, Warden of Folsom State Penitentiary, Appellees. No. 21924. United States Court of Appeals Ninth Circuit. July 22, 1968. 1 Luis Soto Padilla, in pro. per. 2 Thomas C. Lynch, Atty. Gen., Edward P. O'Brien, Deputy Atty. Gen., San Francisco, Cal., for appellees. 3 Before CHAMBERS and BROWNING, Circuit Judges, and * BELLONI, District Judge. 4 BELLONI, District Judge. 5 Appellant contends that he has been denied equal protection, contrary to the Fourteenth Amendment of the United States Constitution, because the California Adult Authority denied him a parole. 6 The appeal is from the district court's dismissal of his complaint for failure to state a claim upon which relief can be granted. 7 The complaint, brought pursuant to the Civil Rights Act, 42 U.S.C. 1983, and the Declaratory Judgments Act, 28 U.S.C. 2201, alleged that he and a co-defendant were given the same sentence (six to ten years indeterminate) and both had 'uneventful but productive confinement.' Yet the co-defendant was granted a parole after three and…