Perry

(HC) Harris v. Perry

Good Law
United States District Court, Eastern District of CaliforniaJune 30, 20222:21-cv-01854California1,939 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK A. HARRIS, No. 2:21-cv-1854 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS SUZANNE M. PEERY, Respondent. 16 Petitioner, a state prisoner proceeding pro se, seeks habeas relief pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Following initial review of the petition, the undersigned ordered petitioner to show cause why the petition should not be dismissed for lack of jurisdiction. ECF No. 6. Petitioner has responded. ECF No. 11. For the reasons stated below, the undersigned recommends that this action be dismissed for lack of jurisdiction. I. The Petition The petition challenges a 2020 prison disciplinary finding. ECF No. 1. Petitioner alleges that prison officials violated his right to due process by finding him guilty, without sufficient evidence, of possessing a cellular device capable of…

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