Lane v. Feathers
Filing
15
OPINION AND ORDER. The Petition for Writ of Habeas Corpus 2 is DENIED. IT IS SO ORDERED. Signed on 6/27/2013 by Judge Owen M. Panner. (gw)
J)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Case No. 3:13-cv-00100-PA
MARK ALAN LANE,
OPINION AND ORDER
Petitioner,
v.
MARION FEATHERS,
Respondent.
PANNER, District Judge.
Petitioner brings this 28 U.S.C. § 2241 habeas corpus action
challenging a 2009 prison disciplinary decision finding him guilty
of Threatening Another with Bodily Harm in violation of Code 203.
According to petitioner, the Disciplinary Hearings Officer wrongly
found him guilty of this charge because he did not direct his
threat to "take a life" at any specific person.
The court has
rejected this line of reasoning in each of petitioner's last two
challenges to different incidents involving his violations of Code
203.
See Lane v.
3:12-cv-02360-PA.
Feathers,
3:13-cv-00005-PA;
Consistent
1 - OPINION AND ORDER
with
those
Lane v.
decisions,
Feathers,
the
court
likewise denies relief in this case on the basis that the Bureau of
Prisons has reasonably interpreted Code 203 to apply to threats of
bodily injury not directed at a specific, identifiable individual,
and this interpretation is entitled to deference.
of Home
Builders
V;
Defenders
of
Wildlife,
551
1
National Ass'n
U.S.
644,
672
(2007) .
The Petition also vaguely notes that "A prisoner facing the
loss
of
good
protections[,]"
conduct
but
time
is
entitled
petitioner
procedural due process claim.
does
to
not
certain
raise
any
procedural
specific
To the extent he intends to allege
that his disciplinary hearing lacked the appropriate procedural
protections, it is clear petitioner was given written notice of his
hearing, sufficient opportunity to be heard and present evidence,
and
a
written
McDonnell,
decision
from
the
DHO
418 U.S. 539, 563-66 (1974).
3-4; Attachment 5.
as
required
by
Wolff
Comstock Declaration, pp.
Accordingly, relief on the Petition is denied.
CONCLUSION
The Petition for Writ of Habeas Corpus (#2) is DENIED.
IT IS SO ORDERED.
DATED this
n
day
0~~·-:013.
.
!)
..(_.....,..,=
Owen M. Panner
United States District Judge
1
v.
Declaration of Jerrie Comstock, p. 4.
2 - OPINION AND ORDER
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