Markee Carter v. Robert Ayer, No. 08-17161 (9th Cir. 2010)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 01 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARKEE DION CARTER, Petitioner - Appellant, No. 08-17161 D.C. No. 3:06-cv-07398-SI v. MEMORANDUM * ROBERT AYERS, Warden, Respondent - Appellee. Appeal from the United States District Court for the Northern District of California Susan Illston, District Judge, Presiding Submitted August 10, 2010 ** Before: LEAVY, HAWKINS, and IKUTA, Circuit Judges. California state prisoner Markee Dion Carter appeals pro se from the district court s judgment denying his 28 U.S.C. § 2254 petition challenging the forfeiture * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of behavioral time credits. We have jurisdiction under 28 U.S.C. § 2253 1, and we affirm. To the extent Carter contends there was no evidence to support the disciplinary decision finding him guilty of conspiracy to traffic and distribute a controlled substance, the record reflects there was some evidence supporting the disciplinary decision. Accordingly, the state court s rejection of this claim was neither contrary to, nor an unreasonable application of, Superintendent v. Hill, 472 U.S. 445, 455 (1985), nor based on unreasonable determination of the facts in light of the evidence presented. See 28 U.S.C. § 2254(d). AFFIRMED. 1 We certify for appeal, on our own motion, the issue of whether Carter s due process rights were violated because the disciplinary decision was not supported by some evidence. 2 08-17161

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.