Brandy Tellez v. Richard Ives

MEMORANDUM

Former federal prisoner Brandy Vega Tellez appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2241 habeas petition challenging a prison disciplinary hearing that resulted in the loss of good time credits. We have jurisdiction under 28 U.S.C. § 1291 . We review the denial of a section 2241 petition de novo, see Tablada v. Thomas, 533 F.3d 800, 805 (9th Cir.2008), and we affirm.

Tellez’s section 2241 petition argued that due process required the prison disci plinary hearing officer to employ a preponderance of the evidence standard in adjudicating the charge, and that the sanctions imposed were excessive and thus violated his Eighth Amendment rights. Tel-lez’s opening brief, however, does not raise any claims relating to the prison disciplinary hearing. His challenges are therefore waived, see Jones v. Wood, 207 F.3d 557 , 562 n. 2 (9th Cir.2000), and in any event, they lack merit. The record reflects that the officer did apply a preponderance of the evidence standard. Furthermore, the loss of 41 days of good time credit is not so grossly disproportionate to the severity of his misconduct as to violate the Eighth Amendment. See Rummel v. Estelle,…