Yesterday, the Ninth Circuit granted en banc review in Nettles v. Grounds, No. 12-16935. It will be my first en banc oral argument, now scheduled for March 22, 3:30 p.m, in San Francisco. The issue involves whether federal judges have habeas jurisdiction over California prisoner actions challenging disciplinary violations that would affect the inmate's parole eligibility date, but that would not necessarily result in the inmate's earlier release from prison. (The Ninth Circuit denied a judge's sua sponte en banc call with respect to the consolidated appellant, Matta Santos in No. 13-15050). Here's my Petition for Rehearing En Banc. [Updated 1/29/16]
In a 29-page order issued Monday, U.S. District Judge Troy L. Nunley dismissed most of the complaint, filed last year on behalf of Joseph Duran’s parents. He ruled that it failed in some respects to establish standing on the part of the parents to sue, and failed in other respects to provide a sufficient legal basis for the claims.
But rather than dismissing the suit permanently as was sought by the corrections officials, the judge allowed plaintiffs’ attorney Stewart Katz to cure the problems with a revised complaint by Dec. 28.