The following excerpt is from Stuart v. Singh, No. 2:10-cv-2098 MCE KJN P (E.D. Cal. 2011):
These decisions are consistent with the findings of the undersigned that petitioner was accorded, at the subject disciplinary hearing, all the procedural due process to which he was entitled, that the decision was amply supported by "some evidence," and that petitioner has failed to demonstrate that exclusion of the subject video resulted in a "fundamental miscarriage of justice" warranting application of the actual innocence exception to petitioner's otherwise time-barred habeas petition. Stated differently, even if petitioner were able to clear the legal hurdles permitting application of the actual innocence exception to an original federal habeas petition challenging a prison disciplinary conviction, petitioner has failed to meet the "stringent showing" required by the exception. House v. Bell, supra, 547 U.S. at 522. Accordingly, the court finds that the instant federal habeas petition is barred by AEDPA's statute of limitations. This conclusion renders moot petitioner's requests for discovery of the video and an evidentiary hearing.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.