Plummer

Plummer v. Sullivan

Good Law
324 F. App'x 633
United States Court of Appeals for the Ninth CircuitApril 28, 2009No. 07-16085California282 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner William Pierce Plummer appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

*634 Plummer contends that his prison disciplinary proceedings, which resulted in the forfeiture of good-time credits, violated his due process rights. This contention lacks merit. See Superintendent v. Hill, 472 U.S. 445, 455-56 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); see also Wolff v. McDonnell, 418 U.S. 539, 566-69 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974).

Plummer also contends that prison authorities violated his equal protection rights by forfeiting his good-time credits and miscalculating his earliest possible release date based on racial discrimination. We reject this contention because Plum-mer has not alleged any facts to support it. See Bostic v. Carlson, 884 F.2d 1267, 1271 (9th Cir.1989).

To the extent that Plummer contends that his disciplinary proceedings violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), the contention lacks merit. See id. at 490 , 120 S.Ct. 2348 .

Plummer’s contentions that his…

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