U.S. Court of Appeals for the Ninth Circuit, 2011

Jerry Burton v. Adams

Jerry Burton v. Adams
U.S. Court of Appeals for the Ninth Circuit · Decided February 23, 2011 · Canby, Fernandez, Smith
415 F. App'x 816

Jerry Burton v. Adams

Opinion

MEMORANDUM ***

California state prisoner Jerry A. Burton appeals pro se from the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, 1 and we affirm.

Burton contends that the prison disciplinary decision validating him as a gang member and subsequently placing him in the Segregated Housing Unit (SHU) and precluding him from earning credits pursuant to California Penal Code § 2933 violated his constitutional rights. The district court properly dismissed Burton’s petition for lack of jurisdiction. Even if Burton exhausted his state judicial remedies, his petition fails to raise a federally cognizable claim for which habeas relief may be granted. See Preiser v. Rodriguez, 411 U.S. 475, 489, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973); see also Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003) (“[Hjabeas jurisdiction is absent, and a § 1983 action proper, where a successful challenge to a *818 prison condition will not necessarily shorten the prisoner’s sentence.”).

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. We certify for appeal, on our own motion, the issue of whether Burton's habeas petition (1) was exhausted and (2) raised a federally cognizable claim for which habeas relief may be granted.

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