United States Ninth Circuit
Nettles v. Grounds, 12-16935
In a state prisoner's petition for writ of habeas corpus challenging a disciplinary violation on constitutional grounds and claiming that the failure to expunge this violation from his record could affect petitioner's eligibility for parole, the District Court's dismissal is vacated and remanded where: 1) a 42 U.S.C. section 1983 action is the exclusive vehicle for claims brought by state prisoners that are not within 'the core of habeas corpus'; 2) the prisoner's claim does not fall within 'the core of habeas corpus' because success on the claim would not necessarily lead to immediate or speedier release since the expungement of the challenged disciplinary violation would not necessarily lead to a grant of parole; and 3) a district court may construe a petition for habeas corpus to plead a cause of action under section 1983 after notifying and obtaining informed consent from the prisoner.
Appellate Information
- Decided
- Published 2016/07/26
Judges
- IKUTA
Court
- United States Ninth Circuit