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BROWN v. SANTORO (2021)

United States Court of Appeals, Ninth Circuit.2021-02-24No. No. 20-56264

Summary

Holding. The court affirmed the district court's dismissal of the habeas petition because the prisoner's claims regarding discrimination in access to credits and programs and pandemic-related prison conditions fall outside the core scope of habeas corpus relief.

A California state prisoner filed a federal habeas corpus petition challenging alleged discrimination in access to good conduct credits and rehabilitative programs, as well as claiming inadequate prison conditions during the coronavirus pandemic. The district court dismissed the petition, and the prisoner appealed. The appellate court affirmed the dismissal, finding that the claims did not qualify as core habeas issues because even success would not necessarily result in immediate or earlier release from prison. The court treated the prisoner's argument regarding resentencing as a request to expand the certificate of appealability and denied that request.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether discrimination in access to good conduct credits and rehabilitative programs constitutes cognizable habeas corpus grounds
  • Whether pandemic-related prison conditions and educational access limitations support habeas relief
  • The scope of claims qualifying as 'core habeas corpus' matters

Procedural posture

A state prisoner appealed pro se from a federal district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition challenging prison conditions and program access.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

California state prisoner Kenyon Darrell Brown appeals pro se from the district courts judgment dismissing his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253. We review de novo a district courts dismissal of a habeas petition, see Zichko v. Idaho, 247 F.3d 1015, 1019 (9th Cir. 2001), and we affirm.

In his petition, Brown alleged that the California Department of Corrections and Rehabilitation discriminates against him by denying him equal access to opportunities to earn good conduct credits and participate in rehabilitative programs. He also alleged that, in light of the coronavirus and the conditions in his prison, he is at high risk and cannot access to rehabilitative and educational programs. These claims fall outside “the core of habeas corpus” because success on the claims would not necessarily lead to immediate or earlier release from confinement. See Nettles v. Grounds, 830 F.3d 922, 935 (9th Cir. 2016) (en banc). Therefore, the district court properly dismissed the petition.

We treat Browns argument that he is entitled to resentencing as a motion to expand the certificate of appealability. So treated, the motion is denied. See 9th Cir. R. 22-1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999).

Appellants motions to proceed in forma pauperis are granted.

Appellants motions for appointment of counsel, and all other pending motions, are denied.

AFFIRMED.