Warren Armstead v. Richard Ives

MEMORANDUM

Federal prisoner Warren Eric Armstead appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291 . We review the denial of a section 2241 petition de novo and the district court’s factual findings for clear error. See Reynolds v. Thomas, 603 F.3d 1144,1148 (9th Cir.2010). We affirm.

Armstead contends that his due process rights were violated in the prison disciplinary proceedings finding him guilty of failing to provide a urine sample. The record does not support his contention. Because Armstead received all the process that was due and some evidence supports the disciplinary findings, he is not entitled to relief. See Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); Wolff v. McDonnell, 418 U.S. 539, 563-67 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974).

Armstead also alleges that prison officials violated his First, Fourth, Eighth and Fourteenth Amendment rights in connection with the urine sample requested. The appropriate remedy for these claims lies in a civil rights action under Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d…