Opinion
CV F 03-6856 AWI SMS HC, [Doc. 20].
October 14, 2005
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PETITION FOR WRIT OF HABEAS CORPUS
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On June 14, 2005, the Magistrate Judge issued Findings and Recommendation that the Petition for Writ of Habeas Corpus be DENIED. This Findings and Recommendation was served on all parties and contained notice that any objections were to be filed within thirty (30) days of the date of service of the order.
On July 5, 2005, Petitioner filed timely objections to the Findings and Recommendation.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, including Petitioner's objections, the Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the record and proper analysis. Petitioner's objections present no grounds for questioning the Magistrate Judge's analysis. Although the evidence supporting the hearing officer's decision was disputed, the record was not devoid of some evidence, making the revocation of good-time credits without support or otherwise arbitrary. See Superintendent v. Hill, 472 U.S. 445, 455 (1985). Habeas corpus relief is not available because the hearing officer's decision had some basis in fact. See Id. at 456.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendation issued June 14, 2005, is ADOPTED IN FULL;
2. The Petition for Writ of Habeas Corpus is DENIED; and
3. The Clerk of the Court is DIRECTED to enter judgment in favor of Respondent.
IT IS SO ORDERED.