Is a federal habeas corpus proceeding to challenge a disciplinary Page 3 conviction?

MultiRegion, United States of America

The following excerpt is from Henrickson v. Peery, No. 2:15-cv-1814-JAM-CMK-P (E.D. Cal. 2016):

A writ of habeas corpus is the appropriate federal remedy when "a state prisoner is challenging the very fact or duration of his physical imprisonment, and the relief he seeks is a determination that he is entitled to an immediate or speedier release from that imprisonment." Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). Challenges to prison disciplinary convictions in which the inmate has lost time credits which directly impact the duration of his sentence must be raised in a federal habeas corpus action unless the credits have been restored or the disciplinary

Page 3

conviction set aside. See Edwards v. Balisok, 520 U.S. 641 (1997). The issue in this case, however, is whether a habeas corpus action is the appropriate vehicle to challenge a disciplinary conviction where there is no direct impact on the prisoner's release date.

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