John Barrington v. Michael Babcock

Good Law
585 F. App'x 698
United States Court of Appeals for the Ninth CircuitNovember 25, 201413-15559California231 words

Opinion

Opinion

MEMORANDUM

Federal prisoner John E. Barrington appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s denial of a section 2241 habeas petition, see Tablada v. Thomas, 533 F.3d 800, 805 (9th Cir.2008), and we affirm.

Barrington contends that his disciplinary proceedings, which resulted in the loss of 27 days of good conduct time, violated his due process rights because an investigating officer participated in his hearing and thereby deprived Barrington of an impartial decisionmaker. Even if this claim has been properly exhausted, it is without merit. The record reflects that Barrington’s disciplinary hearing comported with due process, and that “some evidence” supports the disciplinary officer’s findings. See Wolff v. McDonnell, 418 U.S. 539, 563-71 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (setting forth due process requirements for prison disciplinary proceedings); Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985) (requirements of due process are satisfied if “some evidence” supports disciplinary decision).

■ Barrington’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.