Theodore Johnson, Jr. v. Wayne Estelle, Warden

967 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Theodore JOHNSON, Jr., Petitioner-Appellant, v. Wayne ESTELLE, Warden, Respondent-Appellee. No. 91-5537. United States Court of Appeals, Ninth Circuit. Submitted June 3, 1992. * Decided June 11, 1992. Before D.W. NELSON, BOOCHEVER and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Theodore Johnson, Jr. appeals pro se the district court's dismissal of his habeas corpus petition. In that petition, Johnson alleged that the California Board of Prison Terms (BPT) exceeded its statutory authority by refusing to release him from prison once he became eligible for parole. 1 3 Johnson was convicted of second degree murder and sentenced to fifteen years to life in prison. See Cal.Penal Code § 190. He became eligible for parole on March 25, 1990. The BPT denied Johnson's parole application, because it concluded he posed an unreasonable danger to society. 4 After exhausting his state remedies, Johnson filed a…