Reed

Reed v. Castro

Good Law
210 F. App'x 633
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-16531California341 words

Opinion

Lead Opinion

MEMORANDUM **

Alonzo Reed, a California state prisoner, appeals pro se from the denial of his 28 U.S.C. § 2254 habeas corpus petition claiming that his constitutional rights were violated when he was found guilty of theft in prison disciplinary proceedings in 2001. He contends that the district court erred in concluding that he could not state a claim either for habeas relief or for relief under 42 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court correctly concluded that Reed could not proceed under *635 § 2254 because he received only a “counseling chrono” and did not lose any sentencing credit as a result of the disciplinary decision. See Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir.2003).

Reed contends that he suffered an “atypical and significant hardship” as a result of the disciplinary decision, and therefore could state a due process claim under 42 U.S.C. § 1983 , because prison officials search him when he leaves the prison law library and often accuse him of theft and search his cell. These conditions are insufficient to create a due process liberty interest. Cf. id. at 861 (discussing overcrowding, violence, and…

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