Unpublished Disposition, 933 F.2d 1015 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 933 F.2d 1015 (9th Cir. 1991)

Paul David RUDDY, Petitioner-Appellant,v.Ben BAER, Respondent-Appellee.

No. 89-55574.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 11, 1990.* Decided May 13, 1991.

Before POOLE, CANBY and DAVID R. THOMPSON, Circuit Judges.


Appellant Paul David Ruddy appeals pro se from an order of the district court denying him permission to file his civil rights complaint asserting claims against the Chairman and two officers of the United States Parole Commission. The claim is apparently brought as one under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court denied leave to file without payment of fees on the ground that the court lacked jurisdiction over the claim. We affirm.

Ruddy alleges that the Parole Commission erred, exceeded its authority, and violated his constitutional rights in calculating his presumptive parole date. His complaint, while cast in the form of a Bivens action, clearly constitutes an attack on the Parole Commission's determination of the length of his confinement. Such an attack is not properly brought as a civil rights claim; Ruddy must proceed in habeas corpus under 28 U.S.C. § 2241. Andrino v. United States Board of Parole, 550 F.2d 519 (9th Cir. 1977).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34.4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36.3