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Civil Rights
Prisoners' Rights
Writ of Habeas Corpus

Victor Charles Fourstar Jr. v. Paul Copenhaver, Warden

Published: Jul. 30, 2016 | Result Date: Jun. 29, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 1:14-cv-01456-SKO Bench Decision –  Petition Denied

Court

USDC Eastern


Attorneys

Petitioner

Pro Per


Respondent

Christian H. Highsmith

Benjamin B. Wagner


Facts

Federal prisoner Victor Fourstar petitioned for habeas relief, concerning disciplinary proceedings that resulted in the loss of good conduct time.

Contentions

PETITIONER'S CONTENTIONS:
On Nov. 28, 2014, petitioner allegedly became involved in a fight with another inmate, causing injuries. Defendant then took away his conduct credits. As such, petitioner filed for habeas relief, alleging he was denied good conduct credit without due process. Respondent also allegedly assigned plaintiff in an incorrect custody assignment and refused to house plaintiff in the general prison population in violation of due process.

RESPONDENT'S CONTENTIONS:
Petitioner was serving a 188-month sentence in connection with a 2002 conviction for aggravated sexual assault. With good conduct credit, he was projected to be released on Nov. 17, 2016. Plaintiff had been incarcerated in several federal prison facilities.

Result

The court denied Fourstar's request for habeas relief.


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