In Re Cannon

Good Law
168 Cal. App. 4th 910·85 Cal. Rptr. 3d 770
Court of Appeal of CaliforniaNovember 25, 2008A121142, A121143California3,138 words

Opinion

Opinion

Kelvin Cannon and Robert Luca (petitioners), inmates in a secured housing facility in state prison, filed similar petitions for habeas corpus contending that food service in the facility was inadequate. Following an evidentiary hearing, the trial court rejected most of their contentions, but it concluded that the prison was failing to fulfill its regulatory mandate to serve two hot meals daily to the prisoners. Because we conclude that petitioners failed to demonstrate that the prison's food service violated any of their constitutional or statutory rights, we reverse.

Petitioners filed separate petitions for habeas corpus relief with respect to the conditions of their confinement at the security housing unit (SHU) at Pelican Bay State Prison (prison). The trial court issued an order to show cause with respect to both petitions and consolidated them for hearing. We have consolidated the two appeals filed with respect to the trial court's order.

Both petitions raised a variety of concerns with respect to the meals served to SHU inmates. Following an evidentiary hearing, the trial court issued a written order rejecting most of petitioners' contentions, but it granted…

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