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No. 8641596
United States Court of Appeals for the Ninth Circuit
Remsen v. Alameida
No. 8641596 · Decided June 13, 2007
No. 8641596·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 13, 2007
Citation
No. 8641596
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Lawrence Remsen and other California state prisoners at Mule Creek State Prison appeal pro se from the district court’s order dismissing their 42 U.S.C. § 1983 action alleging that California state laws under which the Board of Prison Terms determines good time credits and parole *586 eligibility violate Due Process and Equal Protection. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, see Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998), and we affirm. After giving the plaintiffs an opportunity to amend their complaint, the district court properly dismissed the plaintiffs’ claims concerning good time credits, reduced sentences, and entitlement to early release because they fail to state civil rights claims upon which relief can be granted. See Preiser v. Rodriguez, 411 U.S. 475, 500 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973) (when a prisoner seeks an earlier or immediate release from prison or requests relief with respect to his term of imprisonment, his sole federal remedy is by means of a petition for writ of habeas corpus). Plaintiffs remaining contentions are unpersuasive. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Lawrence Remsen and other California state prisoners at Mule Creek State Prison appeal pro se from the district court’s order dismissing their 42 U.S.C.
Key Points
01MEMORANDUM ** Lawrence Remsen and other California state prisoners at Mule Creek State Prison appeal pro se from the district court’s order dismissing their 42 U.S.C.
02§ 1983 action alleging that California state laws under which the Board of Prison Terms determines good time credits and parole *586 eligibility violate Due Process and Equal Protection.
03We review de novo a dismissal for failure to state a claim, see Steckman v.
04Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998), and we affirm.
Frequently Asked Questions
MEMORANDUM ** Lawrence Remsen and other California state prisoners at Mule Creek State Prison appeal pro se from the district court’s order dismissing their 42 U.S.C.
FlawCheck shows no negative treatment for Remsen v. Alameida in the current circuit citation data.
This case was decided on June 13, 2007.
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