In Re Carr
Opinion
Opinion
Taylor, J.
— The only issue presented by the People’s appeal from an order granting petitioner, D. D. Carr, the habeas corpus and declaratory relief requested is whether the court below properly concluded that in reclassifying a prisoner’s custody status, the administrative hearing must be conducted in accordance with all of the procedural due process standards set forth in Wright v. Enomoto (N.D.Cal. 1976) 462 F.Supp. 397 , affirmed without opinion, Enomoto v. Wright (1978) 434 U.S. 1052 [ 55 L.Ed.2d 756 , 98 S.Ct. 1223 ], For the reasons set forth below, we have concluded that the order must be affirmed.
The pertinent facts were set forth as follows by the petition: Presently petitioner is confined at San Quentin, pursuant to a valid judgment and order of commitment which he has not challenged. He was received by the Department of Corrections (DOC) February 15, 1977, and, after reception center processing, was transferred to Soledad Prison (Sole-dad) under a “Maximum B” custody classification and assigned to the management control unit (MCU) of Soledad. On September 7, 1977, he was found guilty by a prison disciplinary committee of “involvement in an altercation” at Soledad. He…