Eric L. Gonzalez v. Edward L. Borla

I. INTRODUCTION

Petitioner Eric L. Gonzalez is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. 1 (“Petition”). Petitioner challenges his recent parole denial. For the reasons set forth below, the Petition is summarily dismissed without prejudice because it is not cognizable in habeas corpus. Il. BACKGROUND Petitioner is serving a 31-years-to-life sentence for his 1997 conviction of assault with intent to commit rape and attempted kidnapping for sexual purposes. See Petition at 2. Petitioner has filed numerous state and federal habeas petitions. Here, Petitioner contends that failure of the California’s Board of Parole Hearings to (1) consider “special conditions” of release and (2) provide notice of his Elderly Parole Hearing violated his rights under the Due

Process Clause. See id. at 5. Petitioner asks that the Court vacate the Board’s decision denying Petitioner parole for five years. See id. at 9-10.!

UI. DISCUSSION

The Court has a duty to screen habeas corpus petitions. See Rules Governing § 2254 Cases in the United States District Courts, Rule 4 Advisory Committee Notes. Rule…