Clarence Knight v. M.S. Evan, No. 09-15323 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 26 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CLARENCE V. KNIGHT, Petitioner - Appellant, No. 09-15323 D.C. No. 4:05-cv-03670-SBA v. MEMORANDUM * M. S. EVANS, Respondent - Appellee. Appeal from the United States District Court for the Northern District of California Saundra B. Armstrong, District Judge, Presiding Submitted August 10, 2010 ** Before: HAWKINS, McKEOWN, and IKUTA, Circuit Judges. California state prisoner Clarence V. Knight appeals pro se from the district court s judgment denying his 28 U.S.C. § 2254 habeas petition challenging the loss of good time credits following prison disciplinary proceedings for possessing * 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). inmate-manufactured weapons. We have jurisdiction under 28 U.S.C. § 2253,1 and we affirm. Knight contends that his due process rights were violated when he was denied the opportunity to call his cellmate as a witness at the prison disciplinary hearing. The California court s determination that the denial of this witness did not violate Knight s due process rights was not contrary to, or an unreasonable application of, clearly established Supreme Court law. See 28 U.S.C. § 2254(d)(1); see also Wolff v. McDonnell, 418 U.S. 539, 566 (1974); Bostic v. Carlson, 884 F.2d 1267, 1273-74 (9th Cir. 1989). Knight also contends that his due process rights were violated when he was denied the opportunity to present photographic evidence, pose questions to the hearing officer, call a staff member as a witness, and pose some of his questions to two adverse witnesses at the prison disciplinary hearing. The California court s denial of these claims was not an unreasonable application of clearly established Supreme Court law. See 28 U.S.C. § 2254(d)(1); see also Wolff, 418 U.S. at 56668. Finally, the California court s determination that sufficient evidence 1 We certify for appeal, on our own motion, the issue of whether the April 21, 2003 prison disciplinary hearing violated due process. 2 09-15323 supported the disciplinary decision was not contrary to, or an unreasonable application of, clearly established Supreme Court law. See 28 U.S.C. § 2254(d)(1); see also Superintendent v. Hill, 472 U.S. 445, 455-57 (1985). AFFIRMED. 3 09-15323
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