Harrison

Harrison v. Smith

Good Law
United States District Court, Northern District of CaliforniaFebruary 22, 20243:23-cv-01450California2,086 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DAVID SCOTT HARRISON,

Case No. 23-cv-01450-AMO (PR) Petitioner, ORDER GRANTING RESPONDENT’S v. MOTION TO DISMISS; AND DENYING CERTIFICATE OF RON BROOMFIELD, Warden, APPEALABILITY 10 Respondent.

Petitioner David Scott Harrison, a state prisoner currently incarcerated at San Quentin State Prison, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the constitutionality of disciplinary proceedings against him. The Court issued an order to show cause on June 6, 2023. Before the Court is Respondent’s motion to dismiss the instant petition on the grounds that that the claim does not state a cognizable basis for federal habeas relief. Dkt. 11. Specifically, Respondent argues that habeas corpus is not the proper remedy for Harrison’s claim because he has not shown that success in this action will necessarily accelerate his…

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