Eaton
(HC) Moreno v. Eaton
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANUEL MORENO, No. 2:20-CV-0873-WBS-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS PATRICK EATON, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, ECF No. 13. This action proceeds on the original petition. See ECF No. 1. Petitioner challenges a prison disciplinary guilty finding following a rules violation charged on May 25, 2019. See id. at 4. Petitioner alleges “irregularities committed during the [disciplinary hearing] process” which resulted in a guilty finding and a loss of 90 days of good-time credits. See id. at 5. In his motion to dismiss, Respondent argues Petitioner’s claim is not cognizable under 28 U.S.C. § 2254 because it does not lie at the core of habeas. See ECF No. 13, pgs. 3-4. The Court agrees. / / / / / / …