Thomas H. Longnecker, Plaintiff-appellant, v. Yvonne A. Walters, Commissioner of the Board of Prisonterms; Board of Prison Terms, Defendants-appellees, 145 F.3d 1339 (9th Cir. 1998)

MEMORANDUM^* 

Thomas Longnecker appeals the district court's dismissal of his complaint, filed pursuant to 42 U.S.C. § 1983 and challenging the imposition of "special conditions" on his parole and the subsequent revocation of his parole for violation of those conditions. Longnecker's complaint requested, among other demands, that his original parole termination date be restored.

Because Longnecker's complaint "would necessarily imply the invalidity of the judgment or continuing confinement," it must be brought as a petition for writ of habeas corpus. Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir. 1997); see also Edwards v. Balisok, 520 U.S. 641, 117 S. Ct. 1584, 1587, 137 L. Ed. 2d 906 (1997). It is immaterial that Longnecker challenges the procedures used to extend his parole release date and not the results of the parole hearing. See Edwards, 117 S. Ct. at 1587-88, Gotcher v. Wood, 122 F.3d 39, 39 (9th Cir. 1997).

Therefore, the district court properly dismissed Longnecker's complaint pursuant to Fed. R. Civ. P. 12(b) (6).

DISMISSED.