United States Ninth Circuit

In consolidated habeas cases brought by state prisoners: 1) denial of petition seeking expungement of a prison rules violation report and restoration of thirty days of post-conviction credit, is affirmed where because neither the expungement of the rules violation report nor restoration of the lost good-time credits would necessarily accelerate the future date of his release from custody, his claim is not cognizable under the habeas statute; and 2) denial of petition claiming that the process by which the prison validated his gang involvement violated his due process rights and seeking release from his resulting confinement in the security housing unit, is reversed where the court erred in dismissing a petition that can fairly be described as a quantum change in the level of custody.

Appellate Information

• Decided 05/28/2015
• Published 05/28/2015

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel