Rogers v. United States

Good Law
11 F. App'x 798
United States Court of Appeals for the Ninth CircuitMarch 30, 2001No. 99-56782; D.C. No. CV-99-01234-IEGCalifornia423 words

Opinion

Lead Opinion

MEMORANDUM

*799 Daren Rogers appeals the district court’s denial of his § 2241 petition, in which he claimed his good time credits were arbitrarily and capriciously revoked in a prison disciplinary hearing. This court reviews de novo the district court’s denial of a federal prisoner’s petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 , Bowen v. Hood, 202 F.3d 1211,1218 (9th Cir.2000). We affirm.

Due process in a prison disciplinary proceeding is satisfied when the hearing is conducted by a neutral fact-finder and the inmate is provided: 1) written notice of the charges; 2) a statement of the evidence relied on by prison officials and reasons for disciplinary action; and 3) the opportunity to call witnesses and present evidence if doing so would not unduly threaten institutional safety and goals. Wolff v. McDonnell, 418 U.S. 539, 563-66 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974). When a disciplinary board decides to revoke good time credits, due process also requires the decision be supported by some evidence in the record. Superintendent, Mass. Corr. Instit. v. Hill, 472 U.S. 445, 454-55 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985). Because Rogers conceded at oral…

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