Trate

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHELLEY W. MARTIN, Case No. 1:22-cv-00039-HBK (HC) Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS1

v. (Doc. No. 10) B.M. TRATE, Warden, Respondent. 16 17 Petitioner Shelley W. Martin, a federal prisoner, has pending a pro se petition for writ of habeas corpus filed under 28 U.S.C. § 2241. (Doc. No. 1, “Petition”). Liberally construed, the Petition raises two grounds for relief in connection with five separate prison disciplinary hearings conducted while Petitioner was incarcerated at the United States Penitentiary (“USP”) Atwater: (1) Petitioner’s due process rights were violated because he did not receive the Discipline Hearing Officer (“DHO”) report, thus preventing him from filing an appeal of the decision; and (2) Petitioner’s due process rights were violated due to prison officials’ “fabrication of DHO reports.” (Doc. No. 1 at 3). On April 28, 2022, Respondent filed a Motion to Dismiss arguing Petitioner had failed to…