Marvin Dean Libhart v. Joseph Crabtree, Warden, F.C.I. Sheridan

Good Law
981 F.2d 1258·1992 WL 379390·1992 U.S. App. LEXIS 36569
United States Court of Appeals for the Ninth CircuitDecember 17, 199292-35313California805 words

Opinion

Opinion

981 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin Dean LIBHART, Petitioner-Appellant, v. Joseph CRABTREE, Warden, F.C.I. Sheridan, et al. Respondent-Appellee. No. 92-35313. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1992. * Decided Dec. 17, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Libhart is a federal prisoner who was disciplined for committing a prohibited act in prison ("Fighting with Another Person"). Libhart petitioned for a writ of habeas corpus, arguing that his punishment violated the Due Process Clause because his involvement in the fight was limited to self defense. The district court denied the petition and Libhart appeals. We affirm. 3 On February 16, 1991, Libhart was involved in an altercation with another prisoner named Peters. According to both Libhart and a prison employee who was an eyewitness, Peters struck Libhart first, butting Libhart's face with his forehead. Libhart…

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