Gregory Stanhope v. Charles Ryan

MEMORANDUM

Arizona state prisoner Gregory Allen Stanhope appeals from the district court’s order denying his motion to reconsider its judgment granting in part and denying in part his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

The scope of Stanhope’s appeal is limited to review of the district court’s August II, 2008, order denying his motion for reconsideration, as previously ordered by this court, and by the district court’s order granting a certifícate of appealability as to whether Stanhope’s due process rights were violated when he was not allowed to call live witnesses at his disciplinary hearing, see Hayward v. Marshall, 603 F.3d 546, 554 (9th Cir.2010) (en banc) (requiring a certificate of appealability to challenge an administrative decision), overruled on other grounds by Swarthout v. Cooke, — U.S.-, 131 S.Ct. 859 , 178 L.Ed.2d 732 (2011).

The district court concluded that Stanhope’s due process rights were violated at one of his disciplinary proceedings, and ordered the state to remedy the violation by either restoring the 60 days of early release credits (“ERCs”) forfeited in connection with that proceeding, or by…