Royall v. Bolster, No. 1:2019cv00248 - Document 14 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION & ORDER granting 8 MOTION to Dismiss for Lack of Jurisdiction with Roseboro and 9 MOTION for Summary Judgment with Roseboro; dismissing 1 PETITION for Writ of Habeas Corpus; directing the Clerk to enter judgment in favor of the respondent; directing to close this civil action. Signed by District Judge Anthony J Trenga on 2/24/2020. (c/m 2/24/2020 shea)
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Royall v. Bolster Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Alan Marcus Royall, Petitioner, I:19cv248(AJT/JFA) Mark J. Bolster, Respondent. MEMORANDUM OPINION & ORDER Alan Royall, a federal inmate proceeding pro se, filed a petition for a writ of habeas corpus under 42 U.S.C. § 2241,challenging on due process grounds disciplinary proceedings he faced at Federal Correctional Complex(FCC)Petersburg.[Dkt. No. 1]. He claims that his due process rights were violated because the prison failed to fiirnish the written report explaining the result of the proceedings within fifteen work days, which prevented him from appealing the decision. [Id]. Respondent has moved to dismiss or, in the alternative, for summary judgment. [Dkt. Nos. 8-9]. Royall received the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975),[Dkt. Nos. 8-1, 9-1], and he opposes respondent's motion,[Dkt. No. 11]. For the following reasons, respondent's motion will be granted. I. Background The following facts, with disputes noted, relate to Royall's disciplinary proceedings at FCC Petersburg, and are viewed in the light most favorable to Royall as the nonmoving party. See Iraq Middle Mkt. Dev. Found, v. Harmoosh.947 F.3d 234,237(4th Cir. 2020). Royall received an incident report on December 14, 2018, charging him with violating Bureau of Prisons(BOP)disciplinary code 108 for possessing a hazardous tool—a cell phone. [Callis Aff.^ 6 & Attach. 1]. The charge was referred for a hearing before a disciplinary hearing Dockets.Justia.com
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