Davis v. US Dept of Justice , 180 F. App'x 404 ( 2006 )

Opinions of the United
2006 Decisions States Court of Appeals
for the Third Circuit
5-19-2006
Davis v. US Dept of Justice
Precedential or Non-Precedential: Non-Precedential
Docket No. 05-3771
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006
Recommended Citation
"Davis v. US Dept of Justice" (2006). 2006 Decisions. Paper 1076.
http://digitalcommons.law.villanova.edu/thirdcircuit_2006/1076
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 05-3771
________________
MICHAEL DAVIS,
Appellant
v.
U.S. DEPT. OF JUSTICE;
FBOP; WARDEN WILLIAMSON
____________________________________
On Appeal From the United States District Court
For the Middle District of Pennsylvania
(D.C. Civ. No. 05-cv-01030)
District Judge: Honorable A. Richard Caputo
_______________________________________
Submitted Under Third Circuit LAR 34.1(a)
April 25, 2006
Before: MCKEE, FUENTES AND NYGAARD, CIRCUIT JUDGES.
(Filed: May 19, 2006)
_______________________
OPINION
_______________________
PER CURIAM
Appellant Michael Davis appeals the order of the United States District Court for
the Middle District of Pennsylvania denying his petition for writ of habeas corpus filed
pursuant to 28 U.S.C. § 2241. For the reasons that follow, we will affirm the judgment of
the District Court.
Davis, an inmate housed at the United States Prison-Allenwood, was subjected to a
search of his cell. A correctional officer found a seven-inch sharpened metal rod, which
Davis alleges was in fact a sardine can lid, inside a locked locker containing items
belonging to Davis. An incident report was written, charging Davis with possession,
manufacture, or introduction of a weapon. A disciplinary hearing was conducted, at
which Davis was represented by a staff member. Davis denied the charges, made a
statement, and submitted evidence in his defense. Davis was found to have committed
the acts as charged and was sanctioned to sixty days in disciplinary segregation.
Davis filed in District Court a section 2241 habeas petition, seeking expungement
of the offense from his record. Davis alleged that his due process rights were violated
during the various stages of the disciplinary proceedings. The prison respondents filed a
response. The District Court denied the habeas petition and denied Davis’s subsequent
motion for reconsideration.
Davis appeals both orders. We have appellate jurisdiction under 28 U.S.C. § 1291.
In this federal habeas proceeding, we exercise plenary review over the District Court’s
legal conclusions and apply a clearly erroneous standard to its factual findings. Cradle v.
United States, 290 F.3d 536, 538 (3d Cir. 2002).
Upon consideration of the record and the parties’ arguments on appeal, we agree
with the District Court’s conclusion that habeas relief is not available to Davis because he
is not challenging the fact or duration of his confinement. See Preiser v. Rodriguez,
411 U.S. 475 (1973). A habeas petition would be the proper means of seeking relief if
the sanction had included loss of good time credits. See id. at 487. A sanction of
disciplinary segregation, however, does not implicate the fact or length of confinement.1
Davis argues that the District Court improperly denied his motion for reconsideration
without evaluating his due process claims. For the same reasons already stated, we
discern no error in the denial of the motion for reconsideration, in which Davis expanded
upon his due process claims relating to the disciplinary proceedings.2
We have considered Davis’s arguments and conclude that they are without merit.
For the foregoing reasons, we will affirm the order denying Davis’s habeas petition under
28 U.S.C. § 2241.
1
In his affidavit accompanying his habeas petition, Davis implies that the proceedings
resulted in the loss of good time credit. (Habeas Petition, Affidavit at 4 ¶23.) However,
the Discipline Hearing Officer Report reflects that disciplinary segregation was the only
sanction imposed.
2
We note that Davis filed a separate action pursuant to Bivens v. Six Unknown
Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and therein included
due process claims concerning the disciplinary hearing at issue sub judice. The matter is
currently pending in a separate appeal, C.A. No. 05-4801.