The court of appeals dismissed an appeal. The court held that it lacked appellate jurisdiction over an order that directed a parole board to conduct a new parole hearing for a prisoner but did not deny the prisoner’s habeas petition or order him to be released at a specified time.
In 1985, Steven Prellwitz was convicted of murder and assault with a deadly weapon in California state court. Prellwitz was sentenced to prison for eighteen years to life. In 2005, the California Board of Parole Hearings denied Prellwitz parole. Prellwitz unsuccessfully pursued habeas relief through the state courts. In 2006, Prellwitz petitioned in federal court for writ of habeas corpus. In the prayer of his petition, Prellwitz asked for an order compelling his release on parole.
