Tate
(HC) Murphy v. Tate
Opinion
trial_court Opinion
1
2 3 4 5 6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9 BORIS C. MURPHY, Case No. 1:22-cv-00124-EPG-HC
10 Petitioner, FINDINGS AND RECOMMENDATION TO
DENY RESPONDENT’S MOTION TO
11 v. DISMISS AND DENY PETITION FOR
WRIT OF HABEAS CORPUS
12 B.M. TATE, (ECF No. 8) 13 Respondent.
ORDER DIRECTING CLERK OF COURT
14 TO ASSIGN DISTRICT JUDGE
15 16 Petitioner Boris C. Murphy is a federal prisoner proceeding pro se with a petition for writ 17 of habeas corpus pursuant to 28 U.S.C. § 2241, challenging a prison disciplinary proceeding on 18 due process grounds. For the reasons discussed herein, the undersigned recommends denial of 19 Respondent’s motion to dismiss and denial of the petition for writ of habeas corpus. 20 I. 21 BACKGROUND 22 Petitioner currently is in the custody of the Federal Bureau of Prisons (“BOP”) at the 23 United States Penitentiary in Atwater, California (“USP Atwater”). (ECF No. 1 at 1.) The 24 underlying incident and disciplinary proceeding, however,…