Dean-Mitchell v. Warden, No. 13-14111 (11th Cir. 2016)
Annotate this CasePetitioner, a District of Colombia offender currently serving a sentence in a federal Bureau of Prisons facility, appealed the denial of his 28 U.S.C. 2241 petition for habeas relief. At issue is Incident Report 1507668, in which petitioner was charged with making a threat against another person and failing to obey an order on August 30, 2006. Consequently, petitioner was sanctioned twenty-seven days of good-time credits. On appeal, petitioner argued that the district court erred by failing to hold an evidentiary hearing to determine whether he received the Incident Report or the DHO report and instead granting summary judgment on the basis that “some evidence” supported the fact that he did receive the reports. The court concluded that, under the circumstances, given the presence of a genuine dispute as to a material fact, it was error for the district court to take sides in this battle of affidavits and to grant summary judgment in favor of the Warden. Accordingly, the court reversed and remanded.
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