Corey Burgess v. Hector Rios

MEMORANDUM

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

Because Burgess is serving a term of supervised release that derived from his underlying conviction, we reject appellee’s argument that this appeal is moot. See 18 U.S.C. § 3583 (e)(3), (h); Tablada, 533 F.3d at 802 n.1.

Burgess challenges the disciplinary hearing officer’s finding that he committed assault and contends that the disciplinary proceedings violated his right to due process. The record reflects that Burgess’s disciplinary hearing comported with due process and “some evidence” supports the disciplinary officer’s findings. See 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); Wolff v. McDonnell, 418 U.S. 539, 563-71 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (setting forth due…