Joseph Emanuel Lister v. Rick Hill

I.

INTRODUCTION

On May 19, 2020, Petitioner Joseph Emanuel Lister (“Petitioner”), an inmate at Folsom State Prison in Represa, California, constructively filed1 a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 (“Section 2254”). See Dkt. 1, Pet. Petitioner claims his Fifth, Eighth, and Fourteenth Amendment rights were violated when the California Board of Parole Hearings (“BPH”) conducted a parole hearing December 18, 2018 without jurisdiction. Specifically, Petitioner asserts the BPH conducted the hearing without jurisdiction or “sufficient/credible evidence” in violation of Petitioner’s due process rights, because neither the BPH nor Petitioner possessed the most recent copy of the amended abstract of judgment related to Petitioner’s 1978 conviction. Id. at 70-74. Based on this claim, Petitioner appears to seek release from custody. Id. at 10, 71. As discussed below, the Court orders Petitioner to show cause why the Petition should not be summarily dismissed for failure to state a cognizable habeas claim.

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1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court…