Bruce Lamont Fuller v. Patwin Horn

Summary

A United States magistrate judge recommends dismissal of Bruce Lamont Fuller’s 28 U.S.C. § 2254 petition challenging the fairness of California parole proceedings. The recommendation concludes that the claims are not cognizable in habeas corpus because success would not necessarily result in immediate or earlier release, and declines to convert the petition into a 42 U.S.C. § 1983 action. The document allows 30 days for objections and directs random assignment of a district judge.

Holdings

1. A state prisoner's challenge to the fairness of a parole hearing is not cognizable in federal habeas corpus when success would not necessarily lead to immediate or earlier release from confinement.
2. The court should not sua sponte convert the habeas petition into a § 1983 civil rights action where conversion could prejudice the pro se litigant and the petition does not name the proper civil-rights defendants.

Questions Presented

1. Whether Fuller's challenge to the fairness of his parole hearing was cognizable under federal habeas corpus because success would necessarily result in immediate or earlier release.
2. Whether the court should recharacterize the habeas petition as a civil rights action under 42 U.S.C. § 1983.

Disposition

dismissed