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SHAW v. McGRATH

United States District Court, N.D. California


January 13, 2004.

CALVIN SHAW, Petitioner
v.
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 amended.

This case is therefore DISMISSED. The clerk shall close the file.

  IT IS SO ORDERED.

  [EDITOR'S NOTE: THIS PAGE CONTAINED "CERTIFICATE OF SERVICE"]

  JUDGMENT

  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. Page 1

20040113

© 1992-2004 VersusLaw Inc.



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