Nakhei
Nakhei v. Foss
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
TOORAJ A. NAKHEI,
Case No. 19-cv-04604-RS (PR) Petitioner, 12 v. ORDER TO SHOW CAUSE
T. FOSS,
14 Respondent.
16 INTRODUCTION Petitioner seeks federal habeas relief under 28 U.S.C. § 2254 from a prison disciplinary decision. The petition for such relief is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases. The petition states cognizable claims. Respondent shall file a response to the petition on or before February 24, 2020, unless an extension is granted. This Court may lack jurisdiction over the petition. It appears the disciplinary decision was voided. If this means the lost time credits were restored, petitioner’s sentence is unaffected and therefore no habeas action will lie. Furthermore, the voiding of the disciplinary decision may have cured any due process violation. If respondent concludes the Court lacks jurisdiction,…