Facts

Petitioner is a state prisoner who filed an application for a writ of habeas corpus in federal court pursuant to 28 U.S.C. Section 2254.

PETITIONER'S CONTENTIONS:
Petitioner contended that the Board of Parole Hearings violated his due process and ex post facto rights at his hearing because it failed to convert his indeterminate sentence to a determinate sentence and calculate his determinate sentence release date. Furthermore, he claimed that his ex post facto rights were violated when the Board labeled his crime a hate crime and denied him parole for five years.

RESPONDENT'S CONTENTIONS:
Respondent contended in its motion to dismiss that petitioner's sentencing claims were untimely, unexhausted and procedurally defaulted. Additionally, it claimed that his state law claims were not viable in federal habeas, and that his ex post facto claims were not cognizable in federal habeas.

Result

The court dismissed the action.