Oscar Arredondo-Virula v. Neil Adler

Good Law
510 F. App'x 581
United States Court of Appeals for the Ninth CircuitFebruary 26, 201310-17654California448 words

Opinion

Opinion

MEMORANDUM

Federal prisoner Oscar Arredondo-Virula (Arredondo) appeals the district court’s denial of his petition for habeas corpus under 28 U.S.C. § 2241 , seeking restoration of good-time credits forfeit after a prison disciplinary hearing. We have jurisdiction under 28 U.S.C. § 1291 . We VACATE the district court’s decision and REVERSE.

The discipline was imposed by Curtis Logan, an employee of Management and Training Corporation (the corporation). The corporation is a private contractor and for-profit company that runs the federal correctional institution where Arredondo is held. Logan found that Arredondo committed the charge based on the incident report. Arredondo was docked twenty-seven days good-time credit, ordered to serve fifteen days in administrative segregation, and lost visitation privileges for one year.

A magistrate judge issued findings and a recommendation that Arredondo’s petition be denied. The district court adopted the magistrate judge’s findings and recommendation and denied the petition.

The denial of a petition filed under § 2241 is reviewed de novo. Taylor v. Sawyer, 284 F.3d 1143, 1147 (9th Cir.2002).

Logan was not an employee of the Bureau of…

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