KATHRYN H. VRATIL, District Judge.
Petitioner, a prisoner in federal custody, seeks habeas corpus relief under 28 U.S.C. § 2241. He challenges the loss of Good Conduct Time ("GCT") in administrative disciplinary action.
Petitioner is subject to the inmate discipline program of the Federal Bureau of Prisons ("BOP"). Under that program, BOP staff may impose sanctions on prisoners who commit prohibited acts, as defined in 28 C.F.R. part 541, subpart A.
On October 15, 2014, an officer at the United States Penitentiary, Leavenworth ("USPL") saw petitioner carrying property out of another prisoner's cell. The officer directed petitioner to put down the property and leave the cell. The same day, the officer wrote an incident report charging petitioner with Stealing (Theft), in violation of Code 219. Petitioner received the report the same day, and staff advised him of his rights (Doc. #7, Attach. 1, Ex. D).
On October 16, 2014, petitioner appeared before the Unit Discipline Committee ("UDC") and gave a statement in which he denied stealing property. The UDC referred the matter to the Discipline Hearing Officer ("DHO"). On October 17, 2014, petitioner received a Notice of Disciplinary Hearing and a written explanation of his rights. Petitioner signed both documents.
On November 5, 2014, the DHO conducted a hearing on the incident report. Petitioner appeared and again denied stealing the property. He stated that he took the property for safekeeping because the owner of the property was in segregated housing. Petitioner stated that he wanted to be sure the owner had access to hygiene supplies and coffee while housed in segregation. Petitioner did not request witnesses or offer evidence, though in his administrative appeal, he provided a statement from the other inmate stating that he had asked petitioner to pack his property if he did not return to the housing unit (Doc. #1, Exs., p. 6).
The DHO considered the incident report, the investigation and a photograph and found petitioner guilty as charged. In particular, the DHO found that petitioner had no legitimate reason to be in the other inmate's cell. The DHO imposed as sanctions the loss of 27 days of GCT and the loss of privileges. The DHO informed petitioner of the decision and appeal procedures. On November 21, 2014, petitioner received the written DHO report (Doc. #7, Attach. 1, Ex. H).
Petitioner properly exhausted administrative appeals.
Petitioner challenges the disciplinary action and broadly alleges procedural errors, including the validity of the incident report, the DHO findings and the sanctions imposed.
Prison officials satisfy due process requirements in an administrative disciplinary proceeding if a prisoner receives (1) 24 hours advance written notice of the claimed violation; (2) unless good cause exists, an opportunity to call witnesses and present documentary evidence; and (3) a written statement from the factfinder which explains the reason for the decision and the supporting evidence.
Procedural due process requires "some evidence" to support disciplinary action.
The Court finds no error in the record. Petitioner received the due process protections established in
Finally, the sanctions imposed are consistent with those available for a 200-level prohibited act.