(HC)Chester

(HC)Chester v. Trate

Good Law
United States District Court, Eastern District of CaliforniaJuly 27, 20231:22-cv-01368California2,904 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY CHESTER, Case No. 1:22-cv-01368-HBK (HC) Petitioner, OPINION AND ORDER GRANTING

RESPONDENT’S MOTION TO DISMISS1

v. (Doc. No. 7) WARDEN, USP-ATWATER, Respondent. 16 Petitioner Jerry Chester, 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”). The Petition raises two grounds for relief in connection with a prison disciplinary hearing conducted while Petitioner was incarcerated at the United States Penitentiary (“USP”) Victorville: “(1) [Bureau of Prisons (“BOP”)] processes violated his due process rights; and (2) such violation resulted in his prison sentence being unconstitutionally lengthened by virtue of losing 41 days good conduct time.” (Id. at 1). In response, on January 17, 2023, Respondent filed a Motion to Dismiss with Appendix. (Doc. Nos. 7, 7-1). Respondent argues Petitioner’s claims are without merit and his due process rights were not…

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