Noel Scott v. Robert Trimble ( 2013 )

FILED
NOT FOR PUBLICATION AUG 19 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NOEL PHILLIPE SCOTT, No. 11-17670
Petitioner - Appellee, D.C. No. 2:08-cv-02370-JKS
v.
MEMORANDUM*
ROBERT H. TRIMBLE, WARDEN,
Respondent - Appellant.
Appeal from the United States District Court
for the Eastern District of California
James K. Singleton, District Judge, Presiding
Submitted August 15, 2013**
San Francisco, California
Before: REINHARDT, GRABER, and HURWITZ, Circuit Judges.
Warden Robert Trimble appeals the district court’s grant of Noel Scott’s
petition for a writ of habeas corpus under 28 U.S.C. § 2254. We have jurisdiction
under 28 U.S.C. § 1291 and affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
“[R]evocation of good time does not comport with the minimum requirements
of procedural due process unless the findings of the prison disciplinary board are
supported by some evidence in the record.” Superintendent v. Hill, 472 U.S. 445, 454
(1985) (internal quotation marks and citation omitted). Although the “some evidence”
standard is not demanding, “there must be some indicia of reliability of the
information that forms the basis for prison disciplinary actions.” Cato v. Rushen, 824
F.2d 703, 705 (9th Cir. 1987). Here, no reliable evidence supports the prison’s
finding that Scott conspired to introduce contraband into the prison. Accordingly, the
resulting revocation of 30 days of Scott’s worktime credits violated due process, and
the district court properly held that Scott was entitled to habeas relief.
AFFIRMED.