Langendorf

Langendorf v. Kopp

Good Law
77 F. App'x 401
United States Court of Appeals for the Ninth CircuitAugust 18, 2003No. 02-35484; D.C. No. CV-01-00329-EFSCalifornia275 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Carl Young Langendorf appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition, which challenges the Washington Department of Corrections’ failure to certify earned release time credits. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). Reviewing de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), we affirm.

Langendorf contends that his due process rights have been violated because the superintendent of his prison has not “certified” his earned release time. See Wash. Rev.Code § 9.95.070 (stating that when the superintendent “files a report certifying” that an inmate’s “conduct and work have been meritorious and recommending allowance of time credits” and the indeterminate sentence review board adopts the recommendation, the inmate shall “be allowed time credit reductions from the term of imprisonment fixed by the board”). However, regulations specify that certification occurs “at the end of the longest concurrent sentence.” Wash. Dep’t of Corr. Policy Directive 350.100(V)(A)(3). Because Langendorf has not reached this point in his sentence, he cannot demonstrate that the procedures for giving…

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