FBOP-USP-Atwater

(HC) Alvarado v. FBOP-USP-Atwater

Good Law
United States District Court, Eastern District of CaliforniaJanuary 24, 20201:19-cv-01283California2,402 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RAUL DAVID ALVARADO, Case No. 1:19-cv-01283-SKO (HC)

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

DENY PETITION FOR WRIT OF HABEAS

CORPUS

C. BURCH, Warden,1 [30-DAY OBJECTION DEADLINE] Respondent.

17 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He is currently in the custody of the Bureau of Prisons (“BOP”) at the United States Penitentiary in Atwater, California. He challenges a disciplinary hearing in which he was found guilty of violating BOP Code 112 for use of illicit drugs in a prison facility, and for which he was sanctioned with a 41-day loss of Good Conduct Time credits (“GCT”). (Doc. 1 at 6.) Petitioner challenges the sufficiency of the evidence to find him guilty. Respondent contends the evidence satisfies the constitutional standard and therefore the claim fails on…

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