Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP FOND, No. 2:20-cv-1145 KJM AC P Petitioner, v. FINDINGS & RECOMMENDATIONS RALPH DIAZ, 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. Petitioner challenges his November 2, 2018 Rules Violation Report (RVR) at Mule Creek State Prison. Id. at 2, 11. Currently before the court is respondent’s motion to dismiss. ECF No. 12. I. Background Petitioner was initially found guilty of conspiring to commit extortion and was assessed a loss of 120 days of custody credit. ECF No. 1 at 12, 21. After appealing the decision, the finding was reversed and ordered re-heard. Id. On re-hearing, petitioner was found guilty of “behavior that could lead to violence,” but did not lose any credits as a result of the disciplinary decision. Id. at 12-13, 21. He filed the instant federal habeas petition on June 4,…