Johnny Arafiles v. Ben Curry; Attorney General for the State of California

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNY ARAFILES,
Petitioner - Appellant,
v.
BEN CURRY; ATTORNEY GENERAL
FOR THE STATE OF CALIFORNIA,
Respondents - Appellees.
No. 12-16072
D.C. No. 2:06-cv-01678-KJM-
EFB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding
Submitted September 10, 2013 **
San Francisco, California
Before: SCHROEDER and BYBEE, Circuit Judges, and TIMLIN, Senior District
Judge.***
FILED
SEP 24 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Robert J. Timlin, Senior United States District Judge
for the Central District of California, sitting by designation.

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California state prisoner Johnny Arafiles appeals the district court’s
dismissal of his 28 U.S.C. § 2254 habeas corpus petition challenging the parole
board’s denials of parole after originally finding him eligible in 1991. Arafiles
contends that his petition is timely under the continuing violation doctrine.
Although the parole board granted Arafiles parole and fixed his term in
1991, the Governor reversed that decision. Relying on In re Dannenberg, 104 P.3d
783, 800 (Cal. 2005), the California courts concluded that, because of the
Governor’s reversal of the grant of parole, the term was not fixed in 1991 and that
Arafiles is serving an indeterminate term. Arafiles cannot claim a violation of his
rights based on detention beyond the term of his sentence, because the term of his
sentence has not been set.
AFFIRMED.
2

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