United States District Court, N.D. California
ABDULLAH W. MUSTAFAA, a/k/a TERRANCE MATTHEWS CDCR # E-24447, Petitioner,
RONALD DAVIS, Respondent.
ORDER OF DISMISSAL DOCKET NO. 1
M. CHEN UNITED STATES DISTRICT JUDGE.
W. Mustafaa, also known as Terrance Matthews, a prisoner at
San Quentin State Prison, filed this pro se action
seeking a writ of habeas corpus pursuant to 28 U.S.C. §
2254. He contends that he wrongfully has been denied the
ability to earn certain time credits against his sentence.
His petition for writ of habeas corpus is now before the
Court for review pursuant to 28 U.S.C. § 2243 and Rule 4
of the Rules Governing Section 2254 Cases in the United
States District Courts.
Proposition 57 and Time Credit Earning Opportunity
Proposition 57, approved by voters in November 2016, makes
parole more available for certain felons convicted of
nonviolent crimes. Specifically, Proposition 57 adds Article
I, section 32 to the California Constitution. That section
(a) The following provisions are hereby enacted to enhance
public safety, improve rehabilitation, and avoid the release
of prisoners by federal court order, notwithstanding anything
in this article or any other provision of law:
(1) Parole Consideration: Any person convicted of a
nonviolent felony offense and sentenced to state prison shall
be eligible for parole consideration after completing the
full term for his or her primary offense. . . .
(2) Credit Earning: The Department of Corrections and
Rehabilitation shall have authority to award credits earned
for good behavior and approved rehabilitative or educational
(b) The Department of Corrections and Rehabilitation shall
adopt regulations in furtherance of these provisions, and the
Secretary of the Department of Corrections and Rehabilitation
shall certify that these regulations protect and enhance
Cal. Const. art. I, § 32.
Proposition 57, the California Department of Corrections and
Rehabilitation (CDCR) amended and added some regulations. One
of the new regulations is section 3043.2, regarding the
earning of good conduct time credits. As relevant here, the
regulation provides that “[o]ne day of credit for every
two days of incarceration (33.3%) shall be awarded to an
inmate sentenced under the Three Strikes Law, under
subdivision (c) of section 1170.12 of the Penal Code, or
under subdivision (c) or (e) of section 667 of the Penal
Code, who is not serving a term for a violent felony as
defined in subdivision (c) of section 667.5 of the Penal
Code.” 15 Cal. Code Regs. § 3043.2(b)(3)
(emphasis added). The award of such good conduct time credits
“shall advance an inmate's release date if
sentenced to a determinate term or advance an inmate's
initial parole hearing date pursuant to subdivision (a)(2) of
section 3041 of the Penal Code if sentenced to an
indeterminate term with the possibility of parole. 15 Cal.
Code Regs. § 3043.2(b).