Carey

Jackson v. Carey

Good Law
244 F. App'x 133
United States Court of Appeals for the Ninth CircuitJuly 19, 2007No. 05-56734California432 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Donald Ray Jackson appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Jackson contends that the California Board of Prison Terms’ (the “Board”) decision to deny him parole violated his due process rights. We disagree because there was “some evidence” to support the Board’s denial of parole, including not only the gravity of the commitment offense, but also inadequate parole plans and a failure to adequately participate in self-help programs such as Alcoholics Anonymous. See Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1128 (9th Cir.2006).

Jackson also contends that he was deprived of his liberty without due process because his sentencing credits entitled him to parole years ago. We disagree. State parole laws can give rise to liberty interests in parole, but only when those laws use mandatory language creating a presumption that parole will be granted. Bd. of Pardons v. Allen, 482 U.S. 369, 376-78 , 107 S.Ct. 2415 , 96 L.Ed.2d 303 (1987); Sass, 461 F.3d at 1127 . California law does not create a presumption that a parole date will…

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