Legal Opinion
Leland F. Docken v. Doug Chase
Court of Appeals for the Ninth Circuit
Decided December 29, 2004No. 03-35187PublishedCited by 43 opinions
1Opinion of the Court
BERZON, Circuit Judge:
Montana state prisoner Leland F. Dock-en brings this federal habeas petition challenging, as here pertinent, the Montana parole board’s refusal to provide him with annual review of his suitability for parole. The district court dismissed this claim as not properly cognizable under the federal habeas statute, 28 U.S.C. § 2254. Because such parole-based claims' — which may, but will not necessarily, affect the duration of a prisoner’s confinement if meritorious- — -are cognizable via habeas, we reverse the district court’s dismissal of Docken’s petition and remand for…
2Cases cited29 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Bell v. WolfishSupreme Court of the United States · 1979
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Jett v. Dallas Independent School DistrictSupreme Court of the United States · 1989
24 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Damous Nettles v. Randy GroundsCourt of Appeals for the Ninth Circuit · 2016
- Woodall v. Federal Bureau of PrisonsCourt of Appeals for the Third Circuit · 2005
- Addones Spencer v. Anthony HaynesCourt of Appeals for the Eighth Circuit · 2014
- Terrell v. United StatesCourt of Appeals for the Sixth Circuit · 2009
- Robert Benchoff v. Raymond ColleranCourt of Appeals for the Third Circuit · 2005
38 more not listed; retrieve them via the Exa API.