Jose Espinoza v. S. Sherman, Warden
Published: Jul. 23, 2016 | Result Date: Jul. 7, 2016 | Filing Date: Jan. 1, 1900 |Case number: 1:15-cv-01594-AWI-JLT Bench Decision – Dismissal
Facts
Petitioner, an inmate serving a life sentence, got into a fight with another inmate regarding gambling. Petitioner was found guilty of violating California Code of Regulations, title 15, section 3005(a) for behavior that might lead to violence. He was assessed a 30 day loss of credit for the violation, but the credits were later restored. He later filed the instant petition for a writ of habeas corpus in federal court challenging the state courts' denial of habeas relief.
Contentions
PETITIONER'S CONTENTIONS:
Petitioner alleged that his due process rights were violated during the adjudication of his disciplinary action.
RESPONDENT'S CONTENTIONS:
Respondent contended that the petition should be dismissed for lack of jurisdiction because the credits petitioner lost as a result of the rules violation were restored. Therefore, a successful petition would not speed his release, rendering his claims not cognizable.
Result
The court granted respondent's motion to dismiss, with prejudice.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390