DeBose

DeBose v. Madden

Good Law
United States District Court, Southern District of CaliforniaDecember 9, 20203:20-cv-01132California4,126 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LOUIS LOVELL DEBOSE, Case No.: 20-CV-1132-MMA(WVG)

Petitioner,

REPORT AND

v. RECOMMENDATION ON

RESPONDENT’S MOTION TO

RAYMOND MADDEN, Warden,

DISMISS

Respondent. [Doc. No. 6.] 16 17 18 Petitioner, a state prisoner, claims his constitutional rights were violated during a prison administrative rules violation hearing that resulted in a 90-day custody credit loss. Through this federal habeas action, he seeks invalidation of the disciplinary proceedings and restoration of the lost custody credits. As explained below, federal habeas corpus jurisdiction is lacking, and, in any event, the Petition would be untimely. Accordingly, this Court RECOMMENDS that Respondent’s motion to dismiss be GRANTED and the Petition be DISMISSED without leave to amend. I. BACKGROUND At the time of the underlying disciplinary action, Petitioner was a state prisoner at Ironwood…

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