Mark Collins v. Arnold Schwarzenegger
Opinion
MEMORANDUM **
Former California state prisoner Mark Collins appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition without prejudice. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.
Collins contends that the district court erred in dismissing his petition for having failed to state a cognizable claim under 28 U.S.C. § 2254. Contrary to Collins’s contention, the district court correctly concluded that Collins’s claims are not cognizable under § 2254 because he fails to state facts supporting a claim challenging the legality or duration of confinement. See Preiser v. Rodriguez, 411 U.S. 475, 484, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973); see also Porter v. Ollison, 620 F.3d 952, 958 (9th Cir. 2010) (“[A pro se] petitioner is not entitled to the benefit of every eonceivable doubt[.]”) Collins’s motion to take judicial notice is denied as moot.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Reference
- Full Case Name
- Mark COLLINS, Petitioner—Appellant, v. Arnold SCHWARZENEGGER, Governor of California, Respondent—Appellee
- Status
- Unpublished