Mainard

Mainard v. Fitzpatrick

Good Law
8 F. App'x 614
United States Court of Appeals for the Ninth CircuitApril 2, 2001No. 99-56320; D.C. No. CV-98-10657-AJWCalifornia593 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Jerry Mainard appeals pro se the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition, challenging a prison disciplinary hearing resulting in the loss of 27 good-time credits and eligibility for early release under 18 U.S.C. § 3621 (e)(2). We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). We review de novo the district court’s denial of a habeas corpus petition, see United States v. Pirro, 104 F.3d 297, 299 (9th Cir.1997), and we reverse and remand.

Mainard contends that his due process rights were violated when prison authorities refused his request that evidence be submitted in his defense at his prison disciplinary hearing. Mainard was charged with possession of the antianxiety drug, Klonopin, in violation of prison rules. Mainard alleges that he requested submission of his medical records at the disciplinary hearing, which would have shown that he had previously been prescribed Klono *616 pin, but that he had requested his prescription be terminated because of the drug’s “substantial ill effects.”

The respondents argue that no due process violation occurred because the disciplinary hearing officer may have properly…

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