Valle: 2254 cannot be used to challenge clemency procedures

In Valle v. Sec. Fla. Dep’t of Corrections, No. 11-13962 (Sept. 8, 2011) the Court held that a habeas petition under 28 U.S.C. § 2254 could not be used by an inmate to challenge clemency proceedings. Complaints about clemency procedures may only be brought under 42 U.S.C. § 1983. The Court also denied a stay of execution, finding that Valle had not shown a substantial likelihood of success on his clemency claims.