Matteson
(HC) Ramirez v. Matteson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT J. RAMIREZ, No. 2:23-cv-0162 DAD CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS GIGI MATTESON, Respondent. 16 Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. He is serving a sentence of life imprisonment without the possibility of parole for first degree murder. In the petition, petitioner challenges the results of prisoner disciplinary proceedings. It appears that petitioner was charged with possessing a cell phone. The punishment petitioner received is not clear. Respondent moves to dismiss petitioner’s claim. A petition for a writ of habeas corpus is available only on the grounds that the petitioner is in custody in violation of federal law. 28 U.S.C. § 2254. Essentially, a habeas petition must challenge either the fact of or duration of confinement. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). For the court to have…