Yu

Yu v. Finn

Good Law
97 F. App'x 161
United States Court of Appeals for the Ninth CircuitMay 14, 2004No. 03-16721California304 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Melvin Ka Yu appeals pro se the district court’s judgment denying his 28 U.S.C. § 2254 petition challenging a prison disciplinary finding that he participated in a riot, in violation of CaLCode Regs. tit. 15, § 3005(c). We *162 have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Yu contends that the disciplinary hearing finding, which resulted in the revocation of 90 days of good time credit, was a violation of his due process rights because it was supported by insufficient evidence. Procedural due process demands that the findings of a prison disciplinary board are “supported by some evidence in the record.” See Superintendent v. Hill, 472 U.S. 445, 454 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985) (emphasis added). We conclude that the California Superior Court’s determination that sufficient evidence supported the disciplinary hearing officer’s finding was neither contrary to, nor an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States. See 28 U.S.C. § 2254 (d)(1); id. at 453-56 , 105 S.Ct. 2768 .

To the extent that Yu raises uncertified issues, we construe it as a…

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