Tony Alexander v. Scott Schleder

MEMORANDUM

Federal prisoner Tony B. Alexander 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 § 2241 petition de novo. See Tablada v. Thomas, 533 F.3d 800, 805 (9th Cir.2008). The district court’s factual findings are reviewed for clear error. See McNeely v. Blanas, 336 F.3d 822, 826 (9th Cir.2003). We affirm.

Alexander contends that his due process rights were violated in the prison disciplinary proceedings finding him guilty of two instances of engaging in sexual acts. The record does not support his contention. The district court properly denied the petition because Alexander received all process that was due and some evidence supports the disciplinary findings. 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).

We decline to consider Alexander’s argument alleging a violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), because it was neither developed in the district court nor raised in his opening brief. See…