Summary
finding no constitutionally protected liberty interest in the change of inmate's classification from CM-III to CM-II
Summary of this case from Spaulding v. BassOpinion
Case No. 3:08cv231/RV/EMT.
December 12, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated November 20, 2008 (Doc. 25). The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the report and recommendation, and any timely filed objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Respondent's motion to dismiss (Doc. 18) is GRANTED.
3. The habeas petition challenging the disciplinary decision issued on April 29, 2008, Log #119-081064, at Santa Rosa Correctional Institution (Doc. 1) is DENIED.
DONE AND ORDERED.