E. Robert Nigro, Jr. v. John Sullivan, Warden

“Habeas corpus jurisdiction ... exists when a petitioner seeks expungement of a disciplinary finding from his record if ex-pungement is likely to accelerate the prisoner’s eligibility for parole.” Bostic v. Carlson, 884 F.2d 1267, 1269-74 (9th Cir.1989), citing McCollum v. Miller, 695 F.2d 1044, 1047 (7th Cir.1982). In both Bostic and McCollum expungement of the disciplinary finding would accelerate the petitioners’ eligibility for parole, because part of the sanction imposed was forfeiture of Statutory Good Time credit toward parole. Nigro does not allege loss of good time credit, but “possible impact at any parole hearing and/or pre-release program.” This unsubstantiated speculation is insufficient for the court to infer that if the disciplinary proceedings are expunged the length of imprisonment will be reduced. Id. at 1047 . We lack jurisdiction to reach the merits of his appeal.

Opinion by Judge WIGGINS; Dissent by Judge NOONAN.

FACTS AND PRIOR PROCEEDINGS

E. Robert Nigro is a federal prisoner. During the events relevant to this appeal, Nigro was a pretrial detainee at the Federal Correctional Institute (FCI) at Terminal Island, California. On March 6, 1988, FCI officials required Nigro to provide a urine sample. This sample tested positive for illegal drugs. Prison officials issued an incident report so stating.

Nigro challenged this report under the administrative remedy procedures operative in federal prisons. “The Bureau of Prisons has established an Administrative Remedy Procedure through which an inmate may seek formal review of a complaint which relates to any aspect of his imprisonment.... This procedure applies to all inmates confined in Bureau of Prisons institutions.... ” 28 C.F.R. § 642.10 (1993). “The ... Warden, Regional Director, and General Counsel are responsible for the operation of the Administrative Remedy Procedure at the institution, regional and central office levels, respectively, and ... [e]stablish[ing] procedures for receiving, reviewing, investigating and responding to complaints or appeals submitted by an inmate_” Id. §…

40 F.3d 990 E. Robert NIGRO, Jr., Petitioner-Appellant, v. John SULLIVAN, Warden, Respondent-Appellee. No. 93-55357. United States Court of Appeals, Ninth Circuit. Submitted April 8, 1994 * . Decided Nov. 4, 1994. E. Robert Nigro, Jr., pro se. Michael C. Johnson, Asst. U.S. Atty., Los Angeles, CA, for respondent-appellee. Appeal from the United States District Court for the Central District of California. Before: HUG, WIGGINS, and NOONAN, Circuit Judges. Opinion by Judge WIGGINS; Dissent by Judge NOONAN. WIGGINS, Circuit Judge: FACTS AND PRIOR PROCEEDINGS 1 E. Robert Nigro is a federal prisoner. During the events relevant to this appeal, Nigro was a pretrial detainee at the Federal Correctional Institute (FCI) at Terminal Island, California. On March 6, 1988, FCI officials required Nigro to provide a urine sample. This sample tested positive for illegal drugs. Prison officials issued an incident report so stating. 2 Nigro challenged this report under the administrative remedy procedures operative in federal prisons. "The Bureau of Prisons has established an Administrative Remedy Procedure through which an inmate may seek formal review of a complaint which relates to any aspect of…