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Ballard Shawn v. California Department of Corrections

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 17, 2011

BALLARD SHAWN, PETITIONER,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.

In his original petition, petitioner challenged the loss of credits while incarcerated. Petitioner stated that four separate violations resulted in the loss of 210 days. However, other than stating he lost 210 days, petitioner provided no information concerning the underlying events or disciplinary hearings that led to the loss of credits. The petition was dismissed with leave to amend so petitioner could provide more information. Petitioner has filed an amended petition.

In the amended petition, petitioner challenges a 90 day loss of credits in 1996, another 90 days loss in 1997, 60 days in 2000 and 90 days in 2004. These incidents occurred at four different prisons. Petitioner alleges that these individual forfeitures exceeded the legal limits available for one single act of misconduct.

However, petitioner cannot challenge four separate and distinct disciplinary hearings in one habeas petition. In addition, while it is not clear if petitioner properly challenged these findings in state court to exhaust the claims, all four findings appear to be well beyond the one year statute of limitations.*fn1 The original petition in this action was filed on August 9, 2011.

Therefore, petitioner shall show cause within 21 days, why this petition should not be dismissed for being untimely.

In accordance with the above, IT IS HEREBY ORDERED that petitioner shall show cause within 21 days, why this petition should not be dismissed for being untimely. Failure to respond will result in this action being dismissed.


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