SHAW

SHAW v. BUNTS

Good Law
328 F. App'x 535
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 08-55910California294 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Bishop Ellery Shaw appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that he was denied a required hearing under Haygood v. Younger, 769 F.2d 1350 (9th Cir.1985) (en banc). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Decker v. Advantage Fund, Ltd., 362 F.3d 593, 595-96 (9th Cir.2004), and we affirm.

The district court properly determined that Shaw was not entitled to a release date hearing because he is serving an indeterminate life term and has not been found suitable for parole. See In re Dannenberg, 34 Cal.4th 1061 , 23 Cal.Rptr.3d 417 , 104 P.3d 783, 792 (2005) (“[T]he suitability determination precedes any effort to calculate a parole release date.”). Moreover, to the extent Shaw’s § 1983 action sought speedier release from prison, it was barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). See Wilkinson v. Dotson, 544 U.S. 74, 82 , 125 S.Ct. 1242 , 161 L.Ed.2d 253 (2005) (“[A] state prisoner’s § 1983 action is barred ... if success in that action would necessarily demonstrate the invalidity of confinement or its duration.”).

Because…

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