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

Mark Collins v. Arnold Schwarzenegger

Mark Collins v. Arnold Schwarzenegger
U.S. Court of Appeals for the Ninth Circuit · Decided December 22, 2011 · Goodwin, Wallace, McKeown
463 F. App'x 618

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.

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