Amos

Amos v. Lampert

Good Law
111 F. App'x 929
United States Court of Appeals for the Ninth CircuitOctober 22, 2004No. 03-35890California280 words

Opinion

Lead Opinion

MEMORANDUM **

James R. Amos appeals both the dismissal of his 28 U.S.C. § 2254 petition as moot, and the subsequent denial of his Federal Rule of Civil Procedure 60(b) motion for reconsideration by the district *930 court. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Amos does not contest his underlying convictions or his sentences. Rather, he seeks to challenge only the 1996 decision deferring his parole by the Oregon Board of Parole and Post-Prison Supervision (the “Board”). Accordingly, Amos does not enjoy a presumption of collateral consequences and must demonstrate actual collateral consequences to overcome the mootness bar. See Spencer v. Kemna, 523 U.S. 1, 7-8 , 118 S.Ct. 978 , 140 L.Ed.2d 43 (1998); Wilson v. Terhune, 319 F.3d 477, 481 (9th Cir.2003). Amos’ assertion that but for the erroneous deferral of his parole, he would already be finished with “active supervision,” hinges upon a discretionary determination by the Board and is speculative. Accordingly, we conclude that Amos has failed to demonstrate collateral consequences sufficient to meet the injury-in-fact requirement. See Wilson, 319 F.3d at 482-83 . The district court thus properly found…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.