United States District Court, N.D. California
January 13, 2004.
CALVIN SHAW, Petitioner
JOSEPH McGRATH, WARDEN, Respondent
The opinion of the court was delivered by: WILLIAM HASKELL ALSUP, District Judge
ORDER OF DISMISSAL
This is a habeas case filed pro se by a state prisoner to challenge
his loss of good time credits in a prison disciplinary proceeding. He
contended there was no evidence to support the finding that he was guilty
of participating in a riot. Whether such a claim can be brought in a
habeas petition turns on whether the disciplinary decision had an effect
on the duration of petitioner's confinement. In the initial review order
the Court noted that although petitioner lost good time as a result of
the disciplinary proceeding, the disciplinary decision provided that the
good time could be restored if he remained discipline-free for six
months. As he had not alleged whether the good time was restored to him,
making it unclear whether the alleged violation of due process affected
the duration of his confinement, the petition was dismissed with leave to
amend to allege whether the lost good time had been restored. Although
the deadline for the amendment has long since passed, petitioner has not
This case is therefore DISMISSED. The clerk shall close the file.
IT IS SO ORDERED.
[EDITOR'S NOTE: THIS PAGE CONTAINED "CERTIFICATE OF SERVICE"]
Pursuant to the court's order entered today, a judgment of dismissal
without prejudice is hereby entered. Plaintiff shall receive no relief by
way of his petition.
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