Sims

Sims v. Maddock

Good Law
2 F. App'x 767
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 99-16364California473 words

Opinion

Lead Opinion

MEMORANDUM *

California State prisoner Thomas Sims appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Sims was administratively convicted at the Duel Vocational Institute in 1993 for mailing obscene material in violation of federal mail law. Sims was assessed 150 days in loss of good time credit. He asserts that his due process rights were violated because he was not allowed to view the “return-to-sender” envelopes, the obscene matter contained in them, and the names and addresses of the persons who complained regarding receipt of the mail.

The due process rights in “liberty interests” of prisoners serving life sentences are very limited. See Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995) (focusing on the actual deprivation at issue to determine liberty interests). Here, there was a minor loss of good time credits which is unlikely to alter the balance of his “life plus three-year” sentence. See id. Thus, there is no cognizable liberty interest at stake here. See id.

Even if we were inclined to reach the merits of Sims’s claims, we are unpersuaded by…

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