Richard E. Lathan v. Charles D. Marshall, Warden

977 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard E. LATHAN, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-Appellee. No. 91-16828. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 2, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Lathan, a California state prisoner, appeals pro se from an order of the district court dismissing his petition for writ of habeas corpus. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We affirm. 3 On May 19, 1990, a prison guard discovered a sharpened instrument during a search of the cell shared by Lathan and another prisoner. Prison rules forbid prisoners to possess dangerous weapons. One month later, a disciplinary hearing was held and Lathan was found guilty of possessing the weapon. The hearing officer assessed Lathan 360 days of good-time…