SMITH v. CHAPELL, 14-cv-04438-PJH. (2015)
Court: District Court, N.D. California
Number: infdco20150615628
Visitors: 10
Filed: Jun. 12, 2015
Latest Update: Jun. 12, 2015
Summary: ORDER FOR BRIEFING PHYLLIS J. HAMILTON , District Judge . Petitioner, a state prisoner, proceeds with a pro se petition for a writ of habeas corpus regarding a prison disciplinary finding that resulted in the loss of credits. Respondent has filed a motion to dismiss on the ground that the disciplinary finding does not affect the fact or duration of petitioner's confinement. Respondent argues that habeas jurisdiction is absent. Petitioner filed an opposition on May 26, 2015. Respondent file
Summary: ORDER FOR BRIEFING PHYLLIS J. HAMILTON , District Judge . Petitioner, a state prisoner, proceeds with a pro se petition for a writ of habeas corpus regarding a prison disciplinary finding that resulted in the loss of credits. Respondent has filed a motion to dismiss on the ground that the disciplinary finding does not affect the fact or duration of petitioner's confinement. Respondent argues that habeas jurisdiction is absent. Petitioner filed an opposition on May 26, 2015. Respondent filed..
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ORDER FOR BRIEFING
PHYLLIS J. HAMILTON, District Judge.
Petitioner, a state prisoner, proceeds with a pro se petition for a writ of habeas corpus regarding a prison disciplinary finding that resulted in the loss of credits. Respondent has filed a motion to dismiss on the ground that the disciplinary finding does not affect the fact or duration of petitioner's confinement. Respondent argues that habeas jurisdiction is absent. Petitioner filed an opposition on May 26, 2015. Respondent filed a reply that cited to a recent Ninth Circuit case, Nettles v. Grounds, 2015 WL 3406160 (9th Cir. May 28, 2015), that addressed habeas jurisdiction in a case with similar facts. Because Nettles was issued after petitioner filed his opposition, he will be provided an opportunity to file additional briefing regarding Nettles and the court will send that case with this order. Petitioner may file additional briefing, though it is not required, by July 13, 2015. No extensions will be provided.
CONCLUSION
2. The Clerk shall send a copy of Nettles to petitioner with this Order.
IT IS SO ORDERED.
Source: Leagle
