Raby

Raby v. Koenig

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

Opinion

trial_court Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 KEVIN R. RABY, Case No. 19-cv-05220-YGR (PR)

9 Petitioner, ORDER DENYING PETITION FOR A

WRIT OF HABEAS CORPUS; AND

10 v. DENYING CERTIFICATE OF

APPEALABILITY

11 C. KOENIG, Warden, 12 Respondent.

13 Petitioner has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 claiming 14 that his constitutional rights were violated in connection with a decision by the California Board of 15 Parole Hearings (“Board”) in denying him parole on March 29, 2018. Petitioner specifically 16 claims that the decision does not comport with due process because it is not supported by “some 17 evidence” demonstrating that he poses a current unreasonable threat to the public. 18 A prisoner subject to California’s parole statute receives adequate process when he is 19 allowed an opportunity to be heard and is provided with a statement of the reasons why parole was 20 denied. Swarthout v. Cooke, 562 U.S. 216, 220 (2011). The allegations in the…

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