The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge
Matthew Guerra-Shaner, as state prisoner appearing pro se, filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. Guerra-Shaner is currently in the custody of the California Department of Corrections and Rehabilitation, incarcerated at the High Desert State Prison. Respondent has answered, and Guerra-Shaner has replied.
I. BACKGROUND/PRIOR PROCEEDINGS
In September 2002 following his conviction of Robbery in the Second Degree, Cal. Penal Code § 211, with the use of a firearm enhancement, Cal. Penal Code § 12022.5(a)(1), Guerra- Shaner was sentenced to an aggregate prison term of fourteen years. Guerra-Shaner does not challenge his conviction or sentence in this proceeding. Guerra-Shaner was charged in a Rules Violation Report ("RVR") with attempted murder in violation of prison regulations.*fn1 In October 2006 following a prison disciplinary hearing before a Senior Hearing Officer ("SHO"), Guerra-Shaner was found guilty and assessed a 360-day forfeiture of good-time credit. Upon completion of the administrative appeals process,*fn2 Guerra-Shaner timely filed a petition for habeas relief in the Lassen County Superior Court, which denied his petition in an unreported, reasoned decision. The California Supreme Court summarily denied Guerra-Shaner's habeas petition without opinion or citation to authority in an unreported decision on May 20, 2009. Guerra-Shaner timely filed his Petition for relief in this Court on October 6, 2009.
The facts underlying Guerra-Shaner's conviction as found by the SHO in the RVR: Findings: Inmate Guerra-Shaner is being found GUILTY of Attempted Murder, a Division A-1 Offense. This finding is based on the preponderance of evidence which consists of:
1. The written report authored by Correctional Sergeant J. Smith, which documents that on September 6, 2006, an investigation into an attempted homicide was completed. This investigation revealed that Inmate Guerra-Shaner was involved in the attempted murder of Inmates Firmin, P-347:35, and Page, F-1 DODO, that occurred in Building Six on August 3, 2006.
2. This investigation revealed Inmate Guerra-Shaner acted in concert with Inmate King, J-69287, in the attack on Inmate Page.
3. Inmate Guerra-Shaner's role in this incident was to approach Inmate Page and attack him using an inmate manufactured slashing weapon to slash Inmate Page's neck.
4. The Disciplinary referred to the CDR-837 Crime-Incident Package, Log # CCC-LAS-06-08-0200, and the Confidential Memorandum dated 9-6-06, authored by Correctional Sergeant J. Smith. This SHO explained to Inmate Guerra-Shaner the correct terminology should have been to refer him to the Confidential Disclosure Form, CDC-1030. Inmate Herra-Shaner stated he understood the correction.
5. The CDCR 837 Crime-Incident Package completed on this incident was reviewed, which revealed:
* On August 6, 2006, at approximately 2255 hours, a slashing assault took place in Lassen Unit, Building Six. This double assault resulted in the slashing to two White inmates. These two inmates received slash-type injuries to their necks.
* The CDCR 837B1 listed Inmate Page, F.10000, as having a slash wound to the right side of his neck, which required seven sutures to close the wound. The amended COCR 837B1 listed Inmate Guerra-Shaner as a suspect.
* The CDCR 837 C reports documenting the incident were reviewed. Correctional Officer T. Beard, assigned to the Building Six Observation that night, reported he observed a fight near bed #127, and observed three white inmates run to the bed area near bed #108 when he activated his personal alarm device.
* The Plot map completed during this incident was reviewed. Inmate Guerra-Shaner was listed as being in the bed area of #107.
6. The CDCR Confidential Disclosure Form 1030 was reviewed. A copy of this document was provided to Inmate Guerra-Shaner on 9-15-06, which provided Inmate Guerra-Shaner sufficient time to prepare a defense. This disclosure statement provided as much information as possible without endangering institutional security or the source, as identification of the source could place his safety in jeopardy if disclosed. This SHO has reviewed the confidential information and the CDC 1030 Confidential Disclosure Form and is satisfied that the degree of reliability of the source meets the established criteria of CCR Title 15, Section 3321. The Confidential Memorandum was reviewed, which was authored by Correctional Sergeant J.. Smith, dated September 6, 2006. The source provided first hand information identifying. Inmate Guerra-Shaner as using a razor blade to slash Inmate Page's neck. The source also identified Inmate Guerra-Shaner by identifying tattoos as ...