Johnny ARAFILES, Petitioner-Appellant, v. Ben CURRY; Attorney General for the State of California, Respondents-Appellees, 540 F. App'x 649

MEMORANDUM 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 Araf-iles parole and fixed his term in 1991, the Governor reversed that decision.

Relying on In re Dannenberg, 34 Cal.4th 1061, 23 Cal.Rptr.3d 417, 104 P.3d 783, 800 (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. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.