(PC) Hanson v. Board of Parole Hearings, et al.

Filing 11

ORDER ADOPTING 9 Findings and Recommendations and DISMISSING Action, signed by District Judge Jennifer L. Thurston on 5/19/2023. CASE CLOSED. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 MALCOLM HANSON,

Case No. 1:23-cv-00599-JLT-SAB (PC)

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION

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Plaintiff,
v.

(Doc. 9)

14 BOARD OF PAROLE HEARINGS, et al.,
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Defendants.

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The magistrate judge reviewed the allegations of Plaintiff’s complaint pursuant to 28

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U.S.C. § 1915A, and found that Plaintiff was “challenging the denial of parole,” and did not raise

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claims concerning the conditions of his confinement. (Doc. 9 at 2-3.) Therefore, the magistrate

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judge determined “the appropriate avenue to obtain relief is not a § 1983 action.” (Id. at 3.) The

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magistrate judge recommended the claims be dismissed without prejudice to re-filing as a

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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Id. at 4.)

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The Court served the Findings and Recommendations on Plaintiff on February 27, 2023,

24 and it contained a notice that any objections must be filed within fourteen days of the date of
25 service. (Doc. 9 at 4.) Plaintiff filed timely objections on May 5, 2023, reiterating his belief
26 that the defendants have acted unlawfully because he “is suitable for parole.” (Doc. 10 at 2.)
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According to 28 U.S.C. § 636(b)(1)(C), the Court performed a de novo review of the case.

28 Having carefully reviewed the entire matter, the Court concludes the Findings and

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1 Recommendations are supported by the record and by proper analysis. Because Plaintiff does not
2 challenge the conditions of his confinement but rather the duration, his claims are not proper under
3 Section 1983. See Hill v. McDonough, 547 U.S. 573, 579 (2006) (“Challenges to the lawfulness of
4 confinement or to particulars affecting its duration are the province of habeas corpus”) (citation
5 omitted). Thus, the Court ORDERS:
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1.

The Findings and Recommendations filed on April 25, 2023 (Doc. 9) are
ADOPTED in full.

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2.

The Complaint is DISMISSED without prejudice.

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3.

The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

May 19, 2023

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