Fleming v. Quinn
Fleming v. Quinn
Opinion of the Court
MEMORANDUM
Jon Royal Fleming, a Washington state prisoner, appeals from the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition, which alleged that his constitutional right to due process was violated when state prison officials denied him good-time credits as a result of prison disciplinary action. We have jurisdiction under 28 U.S.C. § 2253. We review the denial of the petition de novo, see Serrato v. Clark, 486 F.3d 560, 565 (9th Cir. 2007), and we affirm the district court.
Fleming argues that because he was not competent at the time of his disciplinary hearings from 1996-2001, the hearings violated due process. The Washington Court of Appeals ruled, however, that Fleming never established he was incompetent during that time. That decision is not “ ‘contrary to, or involved an unreasonable application of, clearly established federal law’ [n]or ‘was based on an unreasonable determination of the facts.’ ” Rosas v. Nielsen, 428 F.3d 1229, 1232 (9th Cir. 2005) (per curiam) (quoting 28 U.S.C. § 2254(d)).
Lastly, Fleming argues that the district court erred in refusing to grant him a continuance. The decision to grant or deny a continuance is reviewed for an abuse of discretion. See Danjaq LLC v. Sony Corp., 263 F.3d 942, 961 (9th Cir. 2001). The district court refused to grant a continuance since (1) Fleming already had been granted additional time to file objections to the merits of his habeas petition and failed to do so and (2) his motion was in substance an attempt to raise an Eighth Amendment claim challenging the conditions of his confinement. There was no abuse of discretion.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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