McCright

McCright v. Broomfield

Good Law
United States District Court, Northern District of CaliforniaJanuary 27, 20223:21-cv-08802California1,313 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 COLVIN McCRIGHT, B08892, Case No. 21-cv-08802-CRB (PR)

Petitioner, ORDER DISMISSING PETITION FOR

A WRIT OF HABEAS CORPUS

v. (ECF No. 4) RON BROOMFIELD, Warden,

Respondent.

Petitioner, a state prisoner incarcerated at San Quentin State Prison (SQSP), has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the September 16, 2020 decision of the Board of Parole Hearings (BPH) finding him unsuitable for parole for three years. Petitioner also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. BACKGROUND In 1972, petitioner was convicted of first-degree murder and sentenced to seven-years-to life in state prison under California’s Indeterminate Sentencing Law (ISL). In 1977, California repealed ISL and enacted the current Determinate Sentencing Law (DSL). DSL adopted a two- stage approach to parole decisions. A prisoner first must be found suitable for parole…

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