In Re Boag

Petitioner, an inmate of Folsom Prison, seeks a writ of habeas corpus to require removal from his prison records of an entry on a form designated CDC 128-A. The entry is dated December 12, 1972, and reads as follows: “On this date the Subject was implicated in an unauthorized meeting in the Folsom Library. He was advised not to participate in any more unauthorized group meetings. Subject was given a copy of this document in person.”

After receiving a copy of the entry, petitioner filed with the warden a request for its removal. The warden responded as follows: “I have reviewed all reports connected with this incident and I am of the opinion that the evidence is irrefutable that an [un] authorized meeting was being held in the library in which you were a participant. The 128A simply documents this fact and does not represent a disciplinary charge, as such.

“I am therefore taking action to deny your request.”

Petitioner contends that the inclusion of the form 128-A in his file was a disciplinary action by the prison authorities which unfavorably affects his custody conditions and damages his chance for parole; that this “discipline” was imposed without providing him…