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DOCKEN v. CHASE

No. 03-35187.

393 F.3d 1024 (2004)

Leland F. DOCKEN, Petitioner-Appellant, v. Doug CHASE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2004.

Attorney(s) appearing for the Case

Wendy Holton, Helena, MT, for the petitioner-appellant.

No appearance was made by the respondent-appellee.

Before: B. FLETCHER, HAMILTON, and BERZON, Circuit Judges.

BERZON, Circuit Judge:

Montana state prisoner Leland F. Docken brings this federal habeas petition challenging, as here pertinent, the Montana parole board's refusal to provide him with annual review of his suitability for parole. The district court dismissed this claim as not properly cognizable under the federal habeas statute, 28 U.S.C. § 2254. Because such parole-based claims — which may, but will not necessarily, affect the duration of a prisoner...

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