Shawn Lanier Lowman, Jr. v. Warden Holzapfel, FCI Beckley

Summary

Proposed Findings and Recommendations in a federal habeas action under 28 U.S.C. § 2241 challenging a prison disciplinary conviction and the loss of 41 days of good conduct time. The magistrate judge recommends denying the petition and a related motion, finding that the petitioner failed to exhaust available Bureau of Prisons administrative remedies and, alternatively, that he received the process required by Wolff v. McDonnell and that the disciplinary decision was supported by some evidence under Superintendent v. Hill.

Holdings

1. Petitioner failed to exhaust available Bureau of Prisons administrative remedies and did not demonstrate that lockdowns or restricted access rendered those remedies unavailable or otherwise justified excusing exhaustion.
2. Petitioner received all procedural protections required by Wolff v. McDonnell, including advance written notice, an opportunity to call a witness and present evidence, a hearing before a neutral decisionmaker, and a written explanation of the decision.
3. The Discipline Hearing Officer's decision was supported by some evidence and was not arbitrary or capricious.
4. The later-submitted affidavit from Petitioner's cellmate did not provide a basis to disturb the disciplinary finding because the court's review under Hill does not permit reweighing evidence or considering materials outside the record before the DHO.

Questions Presented

1. Whether Petitioner exhausted available Bureau of Prisons administrative remedies or demonstrated circumstances excusing exhaustion.
2. Whether Petitioner received the procedural protections required by the Due Process Clause under Wolff v. McDonnell.
3. Whether the Discipline Hearing Officer's finding that Petitioner possessed alcohol was supported by some evidence under Superintendent, Massachusetts Correctional Institution v. Hill.
4. Whether the court could reconsider the Discipline Hearing Officer's credibility determinations or consider a post-hearing inmate affidavit in reviewing the disciplinary conviction.

Disposition

dismissed