(HC) Hatchett v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CECIL JEROME HATCHETT, No. 2:21-cv-00228 GGH P Petitioner, v. ORDER KEN CLARK, Warden, Respondent. 16 Petitioner, a state prisoner proceeding in pro se, has filed an amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 11. Petitioner challenges a Rules Violation Report he received charging him with fighting with his cellmate. Petitioner states the report contained insufficient evidence and that petitioner was neither provided the report itself nor afforded a disciplinary hearing. Petitioner further alleges he was “entrapped” by the government to commit the offense by misclassifying petitioner and placing him with a cellmate known to have a violent history. ECF No. 11 at 4-6. Petitioner alleges violations of his Eighth Amendment for cruel and unusual punishment and his Fourteenth Amendment for lack of due process. In its present form, the petition appears to include only unexhausted…