Shahan v. Ormond

Filing 12

MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Henry E. Hudson on 12/19/2018. Copy mailed to Petitioner.(ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

MICHAEL HENRY SHAHAN,

L 1

p

1
DEC 1 92018

CLERK U.S. District court
RiCHMorgo. VA

Petitioner,
Civil Action No. 3:I8CV200-HEH

V.

.'i

J. RAY ORMOND,

Respondent.
MEMORANDUM OPINION

(Granting Motion for Summary Judgment)

Michael Henry Shahan, a federal inmate proceeding pro se, brings this petition

pursuant to 28 U.S.C. § 2241 ("§ 2241 Petition," ECF No. 1). Shahan's claims stem from
his conviction within the Bureau ofPrisons("BOP")for the institutional infraction of

possession ofstolen property. Specifically, Shahan raises the following claims for relief:'
Claim One: The Discipline Hearing Officer("DHO")disallowed twenty-seven
days of his good conduct time("GOT")and failed to provide him
with a copy ofthe DHO Report in violation of28 C.F.R. § 541.8(h)
and BOP Program Statement 5270.09.^ (§ 2241 Pet. 6;ECF No. 9,
at 5 n.1.)

Claim Two: He was denied due process when "[he] was forced to serve out the
sanctions as imposed by [the] DHO without the opportunity to
appeal the sanctions or the loss of OCT." (§ 2241 Pet. 7.)

'The Court employs the pagination assigned by the CM/ECF docketing system to Shahan's
submissions. TTie Court corrects the spelling, capitalization, and punctuation in the quotations
from Shahan's submissions.

^ In Shahan's Response, he explains that "[he] inadvertently misidentified BOP [Program
Statement] 5270.09 in his original § 2241 Petition as '5470.09.'" (ECF No.9, at 5 n.l.)