Davis

MEMORANDUM **

California inmate Charles T. Davis appeals the district court’s dismissal of his 28 *616 U.S.C. § 2254 habeas petition challenging the loss of good time credits. The sanction was imposed after prison officials determined that Davis filed a false complaint against a correctional officer. Davis contends the charges against him were retaliatory and thus the district court erred by limiting its review to whether “some evidence” supported the prison’s decision. We reject that contention and we affirm.

DISCUSSION

In Superintendent v. Hill, 472 U.S. 445, 455-56 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985), the Supreme Court explained that revocation of good time credits is not comparable to a criminal conviction and therefore requires only a “modicum of evidence” to support the prison’s decision. Thus, “the requirements of due process are satisfied if some evidence supports the decision by the prison disciplinary board to revoke good time credits.” Id. at 455 , 105 S.Ct. 2768 .

We conclude this “some evidence” standard applies even though Davis alleges the charges against him were retaliatory. This is not a case like Bruce v. Ylst, 351 F.3d 1283, 1289 (9th Cir.2003 (holding…