Houston A. Wheeler, Jr. v. Raymond K. Procunier

The appellant, a state prisoner, appeals from the dismissal of his complaint by the district court, which found the action failed to state a claim upon which relief can be granted. The complaint was brought under the provisions of 28 U.S.C. § 1343 (3) and 42 U.S.C. § 1983 . The primary issue raised with any specific and noncoiiclusory language in appellant’s pro se complaint was the claim that he was transferred from the general prison population to “punitive segregation” confinement, without receiving due process safeguards, thus abridging his Fourteenth Amendment rights.

We now grant the rehearing requested by appellees.

This is, then, the third time that this case has come before this Court. This rehearing is granted to assess the impact of the nonretroactivity holding in Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974), both on this Court’s decision in Clutchette v. Procunier, 497 F.2d 809 (9th Cir. 1974), as modified on rehearing October 21, 1974, and our previous opinions in this case.

The California Department of Corrections conducts 20,000 disciplinary actions annually (exclusive of juvenile or female infractions or transfers). For this Court to…