Raby

Raby v. Koenig

Good Law
United States District Court, Northern District of CaliforniaMarch 24, 20204:19-cv-05220California413 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 KEVIN R. RABY, Case No. 19-cv-05220-YGR (PR)

Petitioner, ORDER DENYING PETITION FOR A

WRIT OF HABEAS CORPUS; AND

v. DENYING CERTIFICATE OF

APPEALABILITY

C. KOENIG, Warden, Respondent.

Petitioner has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 claiming that his constitutional rights were violated in connection with a decision by the California Board of Parole Hearings (“Board”) in denying him parole on March 29, 2018. Petitioner specifically claims that the decision does not comport with due process because it is not supported by “some evidence” demonstrating that he poses a current unreasonable threat to the public. A prisoner subject to California’s parole statute receives adequate process when he is allowed an opportunity to be heard and is provided with a statement of the reasons why parole was denied. Swarthout v. Cooke, 562 U.S. 216, 220 (2011). The allegations in the…

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