Vasquez v. Macomber

Background

Rudy Vasquez, representing himself, filed a petition under 28 U.S.C. § 2254 challenging prison disciplinary proceedings. Officials at the California Training Facility found him guilty of failing to follow orders to move to a different prison unit and assessed a loss of 61 days of time credits. Vasquez challenged the decision through the prison grievance process and through petitions in the Monterey County Superior Court and the California Supreme Court. The opinion states that those challenges were denied.

Claims and screening

Vasquez claimed that the disciplinary finding violated equal-protection and due-process rights because another inmate who did the same thing was found not guilty. The court explained that a challenge to a disciplinary finding resulting in the loss of time credits may be brought under the federal statute governing state-prison custody challenges because restoring the credits could affect the length of custody. The court concluded that, when read broadly, the petition presented legally recognizable federal constitutional claims.

Ruling and next steps

The court ordered the respondent to show why the petition should not be granted. The respondent had to file an answer by April 16, 2024, or could instead file a motion to dismiss on procedural grounds by that date. Vasquez could reply by May 16, 2024, and, if a dismissal motion was filed, the respondent could file a further reply by May 30, 2024. The court did not rule on the ultimate merits of Vasquez’s constitutional claims. It granted Vasquez’s motion to proceed without paying filing fees because of his lack of funds. The order was signed by United States Magistrate Judge Susan van Keulen.