Cordova v. Key

Filing 9

ORDER DISMISSING FIRST AMENDED PETITION. Signed by Judge Salvador Mendoza, Jr. (PL, Case Administrator) **4 PAGE, PRINT ALL** (Zachary Cordova, Prisoner ID: 359701)

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1 2 3 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 Apr 12, 2018 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 ZACHARY ROBERT CORDOVA, NO: 4:18-CV-05010-SMJ Petitioner, 8 9 v. 10 ORDER DISMISSING FIRST AMENDED PETITION JAMES KEY, 11 Respondent. 12 13 BEFORE THE COURT is Petitioner Zachary Robert Cordova’s First 14 Amended Petition, ECF No. 8. Cordova, a prisoner currently housed at the Airway 15 Heights Corrections Center, is proceeding pro se and in forma pauperis. Cordova 16 challenges the Department of Corrections’ determination that he is not eligible for 17 certain prison-based programs due to the federal detainer imposed by this Court in 18 connection with a supervised release violation. 19 20 ORDER DISMISSING FIRST AMENDED PETITION -- 1 1 BACKGROUND Cordova was indicted for conspiracy and aiding and abetting and aggravated 2 3 identity theft on December 11, 2012. Cordova pleaded guilty to one count of 4 conspiracy to commit bank fraud and one count of aggravated identity theft and 5 was sentenced by this Court to 36 months’ imprisonment and three years’ 6 supervised release. Cordova’s supervised release commenced on December 19, 7 2015. 8 9 On May 10, 2017, Cordova pleaded guilty in Benton County Superior Court to delivery of hydrocodone in Cause No. 16-1-01393-1. He was sentenced to the 10 Drug Offender Sentencing Alternative program, with 45 months to serve in 11 confinement and 45 months on community supervision. 12 This Court held a supervised release violation hearing on June 9, 2017. 13 Cordova admitted to all violations alleged, and the Court sentenced Cordova to 24 14 months’ imprisonment, to be served concurrently with Benton County Superior 15 Court Cause No. 16-1-01393-1. 16 The Court received a letter from Cordova on January 16, 2018. The letter 17 explained that, due to the term of imprisonment imposed for the supervised release 18 violation, Cordova was not considered a minimum security prisoner. Cordova did 19 not challenge the legitimacy of the sentence, but objected to the fact that he is 20 ineligible for certain programs due to his classification. Cordova stated, “I ask you ORDER DISMISSING FIRST AMENDED PETITION -- 2 1 to please remove this detainer and in doing so help me become the better man that 2 I know I can be with the help from these programs in which I would not otherwise 3 not [sic] be able to attend.” The Court construed the letter as a petition for habeas 4 corpus under 28 U.S.C. § 2241. 5 Cordova filed an amended petition and an application to proceed in forma 6 pauperis. The Court granted Cordova’s application to proceed in forma pauperis 7 and directed the Clerk’s Office to file the petition. 8 STATED GROUNDS FOR RELIEF 9 As his first ground for federal habeas relief, Cordova asserts that he is 10 unable to attend work release due to D.O.C. Police 300.380 due to his felony 11 detainer. 12 As his second and third grounds for habeas relief, Cordova asserts that he is 13 unable to participate in drug treatment programs and college coursework because 14 those programs are offered at a different corrections center available only to 15 minimum security offenders. 16 17 18 19 20 As his fourth ground for relief, Cordova states, “My detainer is up in March of 2019[,] but my release date in state is not until June 20, 2019.” DISCUSSION Cordova fails to state a claim for which habeas relief is available. Cordova does not challenge the accuracy of D.O.C.’s calculation of his prison time or ORDER DISMISSING FIRST AMENDED PETITION -- 3 1 offender classification. Nor does he contend that D.O.C. Policy 300.380 negatively 2 impacts the length of his confinement. Cordova contends only that the federal 3 detainer lodged with the Washington prison authorities prevents him from 4 participating in activities for which he would otherwise be eligible. This is not a 5 basis for habeas relief. See Hernandez v. Johnston, 833 F.2d 1316, 1318–19 (9th 6 Cir. 1987) (noting that prisoners have no constitutional right to a specific security 7 classification or to particular prison programs). 8 Accordingly, IT IS HEREBY ORDERED: 9 1. 10 prejudice. 11 12 Petitioner’s First Amended Petition, ECF No. 9 is DISMISSED with IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order, enter judgment, provide copies to Petitioner, and CLOSE the file. 13 DATED this 12th day of April 2018. 14 __________________________________ SALVADOR MENDOZA, JR. United States District Judge 15 16 17 18 19 20 ~ORDER 4 DISMISSING FIRST AMENDED PETITION --

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