Foulk

(HC) Griffin v. Foulk

Good Law
United States District Court, Eastern District of CaliforniaAugust 29, 20192:14-cv-00837California6,041 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY C. GRIFFIN, No. 2:14-cv-0837 TLN AC P Petitioner, v. FINDINGS & RECOMMENDATIONS F. FOULK, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. He seeks relief from a disciplinary action which resulted in the loss of custody credits, thus affecting the duration of his incarceration. Id. Respondent filed an answer (ECF No. 22) and petitioner filed a traverse (ECF No. 25). FACUTAL AND PROCEDURAL BACKGROUND Petitioner is serving a determinate, nineteen-year eight-month sentence in the custody of the California Department of Corrections and Rehabilitation. ECF No. 1 at 1. On September 20, 2011, while petitioner was an inmate at the Deuel Vocational Institution, he and his cellmate, Nix, got into a fight. Id. at 9, ¶ 7. According to petitioner, during the fight, Nix “accidentally hit his own head…

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