(HC) Estrada v. Cates ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARDO ESTRADA, Case No. 1:21-cv-00473-SKO (HC) 12 Petitioner, ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE 13 v. FINDINGS AND RECOMMENDATION TO 14 BRIAN CATES, Warden, SUMMARILY DISMISS PETITION FOR WRIT OF HABEAS CORPUS 15 Respondent. [30-DAY OBJECTION DEADLINE] 16 17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is currently in the custody of the 19 California Department of Corrections and Rehabilitation at California Correctional Institution 20 located in Tehachapi, California. In this habeas petition, he challenges a disciplinary hearing 21 held on August 23, 2019, in which he was found guilty of possession of a cellular telephone. The 22 Court has conducted a preliminary review of the petition and finds that it is clear that Petitioner 23 is not entitled to habeas relief. Therefore, the Court will recommend the petition be 24 SUMMARILY DISMISSED. 25 DISCUSSION 26 A. Preliminary Review of Petition 27 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a 1 entitled to relief in the district court . . . .” Rule 4 of the Rules Governing Section 2254 Cases. 2 The Advisory Committee Notes to Rule 8 indicate that the court may dismiss a petition for writ 3 of habeas corpus, either on its own motion under Rule 4, pursuant to the respondent’s motion to 4 dismiss, or after an answer to the petition has been filed. Herbst v. Cook, 260 F.3d 1039 (9th 5 Cir. 2001). 6 B. Facts1 7 On August 1, 2019, at approximately 1500 hours, Correctional Officer Castellon was 8 conducting a random cell search in Housing Unit B2-C-206 occupied by Petitioner and Inmate 9 Balbuena. During his search, Castellon located an LG smartphone wedged between the cell wall 10 and the left side of a light fixture. The cell phone was unlocked and upon inspection showed 11 both inmates having possession of the cell phone. Castellon viewed an image of Petitioner 12 “facetiming” a family member in a hospital. 13 C. Procedural History 14 On August 1, 2019, a Rules Violation Report was issued for possession of a cellular 15 telephone. (Doc. 1 at 18.) On August 14, 2019, Petitioner was served with a copy of the Rules 16 Violation Report. (Doc. 1 at 18.) 17 On August 20, 2019, a disciplinary hearing commenced. (Doc. 1 at 18.) The hearing was 18 postponed in order to secure the testimony of Officer Castellon. (Doc. 1 at 6.) On August 23, 19 2019, the disciplinary hearing resumed. Petitioner denied the charges and stated, “The phone 20 wasn’t mine.” (Doc. 1 at 22.) Petitioner’s cellmate Balbuena also provided a statement: “That 21 was my phone. I took the picture. He didn’t know.” (Doc. 1 at 21.) The Senior Hearing Officer 22 (“SHO”) asked Officer Castellon if Petitioner was alert in the picture he had viewed. Officer 23 Castellon testified that Petitioner was definitely awake, and that the picture showed Petitioner 24 facetiming a family member in a hospital. (Doc. 1 at 21.) The SHO found Petitioner guilty of 25 possession of a cellular telephone based on the preponderance of evidence. The SHO based his 26 findings on the reporting officer’s written report and Officer Castellon’s testimony. (Doc. 1 at 27 1 The facts are derived from the Rules Violation Report and the Disciplinary Hearing Results attached by 1 22.) The SHO also found Petitioner’s defense was not credible in light of the picture on the 2 phone, and that despite Balbuena claiming ownership of the phone, it was located in a common 3 area of the cell. (Doc. 1 at 21.) Petitioner was sanctioned with 90-days loss of credits. (Doc. 1 4 at 23.) 5 Petitioner states he filed petitions for writ of habeas corpus in the Kern County Superior 6 Court, California Court of Appeal, Fifth Appellate District, and the California Supreme Court. 7 (Doc. 1 at 8-9.) All of those petitions were denied. (Doc. 1 at 8-9.) 8 D. Due Process Rights in Prison Disciplinary Proceedings 9 Prisoners cannot be entirely deprived of their constitutional rights, but their rights may be 10 diminished by the needs and objectives of the institutional environment. Wolff v. McDonnell, 11 418 U.S. 539, 555 (1974). Prison disciplinary proceedings are not part of a criminal prosecution, 12 so a prisoner is not afforded the full panoply of rights in such proceedings. Id. at 556. Thus, a 13 prisoner’s due process rights are moderated by the “legitimate institutional needs” of a prison. 14 Bostic v. Carlson, 884 F.2d 1267, 1269 (9th Cir. 1989) (citing Superintendent, Mass. Corr. Inst. 15 v. Hill, 472 U.S. 445, 454-455 (1984)). 16 When a prison disciplinary proceeding may result in the loss of good time credits, due 17 process requires that the prisoner receive: (1) advance written notice of at least 24 hours of the 18 disciplinary charges; (2) an opportunity, when consistent with institutional safety and 19 correctional goals, to call witnesses and present documentary evidence in his defense; and (3) a 20 written statement by the factfinder of the evidence relied on and the reasons for the disciplinary 21 action. Hill, 472 U.S. at 454; Wolff, 418 U.S. at 563-567. In addition, due process requires that 22 the decision be supported by “some evidence.” Hill, 472 U.S. at 455 (citing United States ex rel. 23 Vatauer v. Commissioner of Immigration, 273 U.S. 103, 106 (1927)). 24 Petitioner contends his procedural due process protections were violated. He claims that 25 at the hearing he asked the SHO to view photographs taken of the confiscated phone. (Doc. 1 at 26 6.) According to the Disciplinary Hearing Report, however, no photographs of the confiscated 27 cellular phone were taken. (Doc. 1 at 22.) Thus, Petitioner fails to show a denial of his due 1 that there was not at least some evidence to support the decision. See Hill, 472 U.S. at 455 (“the 2 requirements of due process are satisfied if some evidence supports the decision by the prison 3 disciplinary board to revoke good time credits.”) The Rules Violation Report of the officer and 4 the officer’s hearing testimony constituted some evidence of Petitioner’s guilt. 5 For the foregoing reasons, the Court finds that Petitioner fails to demonstrate that his due 6 process rights were violated. Wolff, 418 U.S. at 564; Hill, 472 U.S. at 455. The petition should 7 be dismissed. 8 ORDER 9 IT IS HEREBY ORDERED that the Clerk of Court is DIRECTED to assign a District 10 Judge to the case. 11 RECOMMENDATION 12 Accordingly, the Court HEREBY RECOMMENDS that the habeas corpus petition be 13 SUMMARILY DISMISSED WITH PREJUDICE. 14 This Findings and Recommendation is submitted to the United States District Court Judge 15 assigned to this case, pursuant to the provisions of 28 U.S.C. section 636 (b)(1)(B) and Rule 304 16 of the Local Rules of Practice for the United States District Court, Eastern District of California. 17 Within thirty (30) days after being served with a copy, Petitioner may file written 18 objections with the Court. Such a document should be captioned “Objections to Magistrate 19 Judge’s Findings and Recommendation.” The Court will then review the Magistrate Judge’s 20 ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). Failure to file objections within the specified time 21 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 22 Cir. 1991). 23 IT IS SO ORDERED. 24 Sheila K. Oberto 25 Dated: March 23, 2021 /s/ . UNITED STATES MAGISTRATE JUDGE 26 27