Mikota

MEMORANDUM **

Eric L. Mikota, a Washington state prisoner, appeals pro se from an order by the district court dismissing his petition for writ of habeas corpus. The district court had jurisdiction under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 1291 and 28 U.S.C. § 2253 . We affirm.

On June 15, 2000 a fight broke out among inmates in the prison yard at the Washington State Penitentiary where Mikota was incarcerated. A prison guard who observed the fight filed a report implicating Mikota. On the day following the fight, a nurse examined Mikota and noted four small bruises on the sides of his body, which the nurse noted could be “old.” Mikota had a hearing on the charges that he participated in the fight, and was found guilty by the hearing officer and given 10 days in isolation, 20 days segregation, and loss of 90 days of “good time credit.”

The instant habeas petition challenges the loss of 90 days of “good time credit” as being unsupported by the “some evidence” standard articulated in Superintendent v. Hill, 472 U.S. 445 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985). It is undisputed that Mikota has a protected liberty interest in his good time credits, and the…