Mustafaa v. Davis

          ORDER OF DISMISSAL DOCKET NO. 1

          EDWARD M. CHEN UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Abdullah 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.

         II. BACKGROUND

         A. Proposition 57 and Time Credit Earning Opportunity

         California's 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 provides:

(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 achievements.

(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 public safety.

Cal. Const. art. I, § 32.

         Following 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).

         B. Allegatio ...