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Name: Prellwitz v. Sisto
Case #: 09-16142
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/22/2011

A federal district court order which remands the case of a state prisoner for a new hearing before the Board of Parole hearings, because there was not “some evidence” to support denial of release on parole, is not a final order and is not appealable. The state prisoner petition from the denial of parole was considered by the district court under then-current law and found that his due process rights were denied. The warden’s appeal from the remand order was dismissed for lack of appellate jurisdiction.