Redd

Redd v. McGrath

Good Law
253 F. App'x 642
United States Court of Appeals for the Ninth CircuitNovember 2, 2007No. 06-15564California905 words

Opinion

Lead Opinion

MEMORANDUM ***

1. Paul Redd, a California state prisoner, appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his placement in administrative segregation on suspicion of fomenting violence and his validation as a prison gang member in March, 2001. We have jurisdiction under 28 U.S.C. § 2253 and AFFIRM the district court’s denial of Redd’s habeas petition.

2. Due process requires that an inmate be given notice of the charges against him and an opportunity to be heard “at a meaningful time and in a meaningful manner.” Mathews v. Eldridge, 424 U.S. 319, 333 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976) (quoting Armstrong v. Manzo, 380 U.S. 545, 552 , 85 S.Ct. 1187 , 14 L.Ed.2d 62 (1965)); Hewitt v. Helms, 459 *644 U.S. 460, 476 , 103 S.Ct. 864 , 74 L.Ed.2d 675 (1983), abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995). Redd claims that prison officials violated his due process rights following his placement in administrative segregation by holding a constitutionally deficient hearing and by not allowing him to be heard at all regarding his gang validation.

3. The state court did not address Redd’s claims that…

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