(PC) Hanson v. Board of Parole Hearings

Good Law
United States District Court, Eastern District of CaliforniaMay 22, 20231:23-cv-00599California384 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MALCOLM HANSON, Case No. 1:23-cv-00599-JLT-SAB (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. ACTION

BOARD OF PAROLE HEARINGS, et al., (Doc. 9) Defendants.

16 The magistrate judge reviewed the allegations of Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A, and found that Plaintiff was “challenging the denial of parole,” and did not raise claims concerning the conditions of his confinement. (Doc. 9 at 2-3.) Therefore, the magistrate judge determined “the appropriate avenue to obtain relief is not a § 1983 action.” (Id. at 3.) The magistrate judge recommended the claims be dismissed without prejudice to re-filing as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Id. at 4.) The Court served the Findings and Recommendations on Plaintiff on February 27, 2023, and it contained a notice that any objections must be filed within fourteen days of the date of service. (Doc. 9…

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