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Jackson v. Carey
Citation: 244 F. App'x 133Docket: No. 05-56734
Court: Court of Appeals for the Ninth Circuit; July 19, 2007; Federal Appellate Court
Donald Ray Jackson, a California state prisoner, appeals pro se from the district court's denial of his 28 U.S.C. § 2254 petition. The court affirms the lower court's judgment. Jackson argues that the California Board of Prison Terms violated his due process rights by denying him parole. The court finds that there exists "some evidence" supporting the Board's decision, citing the severity of Jackson's commitment offense, insufficient parole plans, and lack of participation in self-help programs like Alcoholics Anonymous. Jackson further claims that he was deprived of liberty without due process due to an entitlement to parole based on sentencing credits. The court counters that while state parole laws can create liberty interests, they must contain mandatory language indicating a presumption of parole. California law does not create such a presumption for prisoners serving indeterminate sentences, as established in relevant case law. Additionally, Jackson alleges a violation of the Equal Protection Clause due to a racially motivated denial of parole in 2002. The court finds that Jackson's claims are based solely on conclusory allegations, which are insufficient for habeas relief. Lastly, Jackson contends that his 15 years to life sentence for second-degree murder has been improperly altered to a sentence of life without parole for first-degree murder. The court finds no merit to this claim based on the record. The court thus affirms the district court's denial of Jackson's petition. This disposition is not intended for publication and does not serve as precedent except as provided by specific circuit rules.