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Name: In re Johnson
Case #: F055768
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/04/2009

Prison disciplinary decisions not resulting in a loss of custody credits do not implicate due process protections. Petitioner was serving a 15-years-to-life sentence when he received two CDC 115’s, a level of discipline for prisoner misconduct which does not result in the loss of custody credits. In this petition for writ of habeas corpus, he challenged the prison’s disciplinary decisions, which he contends have impacted his ability to obtain parole release. The appellate court denied the petition. The department’s issuance of a CDC 115 does not invoke the right to due process and review by the courts. Long-standing legal precedent does not allow the courts to review prison disciplinary decisions not resulting in the loss of custody credits, including those that impact activities of prison life.