Matteson
(HC) Gasner v. Matteson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL GASNER, No. 2:21-cv-0453-EFB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
G. MATTESON, Respondent. 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the petitioner is not entitled to relief. The court has conducted that review. Petitioner challenges Governor Newsom’s reversal of the California Board of Parole Hearings’ finding of suitability for parole. See ECF No. 1 at 8 (¶ III); ECF No. 3 at 15. Essentially, petitioner challenges the sufficiency of the evidence for denying parole. Petitioner does have a liberty interest in parole protected by the Due Process Clause of the Fourteenth Amendment. Swarthout v. Cooke, 562 U.S. 216, 220 (2011). However, the 26…