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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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Apr 12, 2018
SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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ZACHARY ROBERT CORDOVA,
NO: 4:18-CV-05010-SMJ
Petitioner,

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v.

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ORDER DISMISSING FIRST
AMENDED PETITION

JAMES KEY,

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Respondent.

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BEFORE THE COURT is Petitioner Zachary Robert Cordova’s First

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Amended Petition, ECF No. 8. Cordova, a prisoner currently housed at the Airway

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Heights Corrections Center, is proceeding pro se and in forma pauperis. Cordova

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challenges the Department of Corrections’ determination that he is not eligible for

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certain prison-based programs due to the federal detainer imposed by this Court in

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connection with a supervised release violation.

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ORDER DISMISSING FIRST AMENDED PETITION -- 1

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BACKGROUND
Cordova was indicted for conspiracy and aiding and abetting and aggravated

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identity theft on December 11, 2012. Cordova pleaded guilty to one count of

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conspiracy to commit bank fraud and one count of aggravated identity theft and

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was sentenced by this Court to 36 months’ imprisonment and three years’

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supervised release. Cordova’s supervised release commenced on December 19,

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2015.

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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

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Drug Offender Sentencing Alternative program, with 45 months to serve in

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confinement and 45 months on community supervision.

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This Court held a supervised release violation hearing on June 9, 2017.

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Cordova admitted to all violations alleged, and the Court sentenced Cordova to 24

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months’ imprisonment, to be served concurrently with Benton County Superior

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Court Cause No. 16-1-01393-1.

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The Court received a letter from Cordova on January 16, 2018. The letter

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explained that, due to the term of imprisonment imposed for the supervised release

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violation, Cordova was not considered a minimum security prisoner. Cordova did

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not challenge the legitimacy of the sentence, but objected to the fact that he is

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ineligible for certain programs due to his classification. Cordova stated, “I ask you

ORDER DISMISSING FIRST AMENDED PETITION -- 2

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to please remove this detainer and in doing so help me become the better man that

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I know I can be with the help from these programs in which I would not otherwise

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not [sic] be able to attend.” The Court construed the letter as a petition for habeas

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corpus under 28 U.S.C. § 2241.

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Cordova filed an amended petition and an application to proceed in forma

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pauperis. The Court granted Cordova’s application to proceed in forma pauperis

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and directed the Clerk’s Office to file the petition.

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STATED GROUNDS FOR RELIEF

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As his first ground for federal habeas relief, Cordova asserts that he is

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unable to attend work release due to D.O.C. Police 300.380 due to his felony

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detainer.

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As his second and third grounds for habeas relief, Cordova asserts that he is

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unable to participate in drug treatment programs and college coursework because

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those programs are offered at a different corrections center available only to

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minimum security offenders.

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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

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offender classification. Nor does he contend that D.O.C. Policy 300.380 negatively

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impacts the length of his confinement. Cordova contends only that the federal

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detainer lodged with the Washington prison authorities prevents him from

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participating in activities for which he would otherwise be eligible. This is not a

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basis for habeas relief. See Hernandez v. Johnston, 833 F.2d 1316, 1318–19 (9th

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Cir. 1987) (noting that prisoners have no constitutional right to a specific security

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classification or to particular prison programs).

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Accordingly, IT IS HEREBY ORDERED:

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prejudice.

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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.

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DATED this 12th day of April 2018.

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__________________________________
SALVADOR MENDOZA, JR.
United States District Judge

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~ORDER

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DISMISSING FIRST AMENDED PETITION --