Arthur

Arthur v. Ayers

Good Law
43 F. App'x 56
United States Court of Appeals for the Ninth CircuitJuly 29, 2002No. 00-16776; D.C. No. CV-00-02176-CWCalifornia319 words

Opinion

Lead Opinion

MEMORANDUM **

Andre Arthur, a California state prisoner, appeals pro se the district court’s summary dismissal of his 28 U.S.C. § 2254 petition challenging a prison disciplinary ruling, finding that he possessed inmate-manufactured alcohol, which resulted in the loss of 91 days of good time credit. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s dismissal of a habeas corpus peti *57 tion, see Morales v. Calderon, 85 F.3d 1387 , 1389 n. 6 (9th Cir.1996), and we affirm.

Arthur contends that his due process rights were violated because his conviction was supported by insufficient evidence. We conclude that due process requirements were met because “some evidence” does support the prison’s disciplinary ruling. Superintendent v. Hill, 472 U.S. 445, 455-56 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985).

Arthur’s second contention is that the prison did not comply with its own regulations which require field and laboratory testing of the manufactured alcohol. Because due process does not require a prison to comply with its own, more generous procedures, this contention fails. See Walker v. Sumner, 14 F.3d 1415, 1420 (9th Cir.1994), abrogated on other…

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