Mark Collins v. Arnold Schwarzenegger ( 2011 )

FILED
NOT FOR PUBLICATION DEC 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARK COLLINS, No. 09-55198
Petitioner - Appellant, D.C. No. 5:08-cv-01727-DSF
v.
MEMORANDUM *
ARNOLD SCHWARZENEGGER,
Governor of California,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. Appellant. P. 34(a)(2).
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. Rodriquez, 411
U.S. 475, 484 (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 conceivable doubt[.]”)
Collins’s motion to take judicial notice is denied as moot.
AFFIRMED.
2 09-55198