Martel

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AARON THIGPEN, No. 2:19-cv-01001 KJM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS M. MARTEL, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). In this case, conceding that he was guilty of possession of marijuana, petitioner contests his disciplinary conviction for the assertedly more serious violation of in-prison “distribution” of marijuana-- even though under no version of the facts did petitioner actually transmit marijuana to any other person. However, in California prisons, distribution includes “solicitation of or conspiring with others in arranging for, the introduction of any controlled substance.” Cal. Code. Regs. tit. 15, § 3000. Because the marijuana had to…