Machado

Machado v. Yates

Good Law
234 F. App'x 618
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 06-16045California324 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Delfino Macha-do appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1126 (9th Cir.2006), and we affirm.

We reject as foreclosed the State’s contention that we lack jurisdiction to entertain this appeal because Machado did not obtain a certificate of appealability. See Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir.2005) (per curiam).

After reviewing the record, we conclude that the prison disciplinary proceedings in this case comported with the requirements of due process. See Superintendent v. Hill, 472 U.S. 445, 455-56 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985). Machado had notice of the charges against him more than 24 hours before the hearing, was able to call witnesses on his behalf in a manner consistent with prison security concerns, and received a written explanation of the evidence relied on and the resaons for the finding of guilt. See Wolff v. McDonnell, 418 U.S. 539, 564-67 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974). “Some evidence” supports the finding of guilt.…

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