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No. 8623495
United States Court of Appeals for the Ninth Circuit
Ashby v. Lehman
No. 8623495 · Decided July 27, 2006
No. 8623495·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 27, 2006
Citation
No. 8623495
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Washington state prisoner Michael Eugene Ashby appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition challenging the constitutionality of a prison disciplinary hearing resulting in the loss of 540 days of good time credits. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Reviewing de novo, see Lott v. Mueller, 304 F.3d 918, 922 (9th Cir.2002), we vacate and remand. Upon review of the record, we conclude that the district court, adopting the magistrate’s findings and recommendations, never addressed Ashby’s due process claim regarding the presentation of staff witnesses. Accordingly, we vacate the judgment and remand for the district court to rule on this claim. VACATED and REMANDED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Washington state prisoner Michael Eugene Ashby appeals pro se from the district court’s judgment denying his 28 U.S.C.
Key Points
01MEMORANDUM ** Washington state prisoner Michael Eugene Ashby appeals pro se from the district court’s judgment denying his 28 U.S.C.
02§ 2254 petition challenging the constitutionality of a prison disciplinary hearing resulting in the loss of 540 days of good time credits.
03Mueller, 304 F.3d 918, 922 (9th Cir.2002), we vacate and remand.
04Upon review of the record, we conclude that the district court, adopting the magistrate’s findings and recommendations, never addressed Ashby’s due process claim regarding the presentation of staff witnesses.
Frequently Asked Questions
MEMORANDUM ** Washington state prisoner Michael Eugene Ashby appeals pro se from the district court’s judgment denying his 28 U.S.C.
FlawCheck shows no negative treatment for Ashby v. Lehman in the current circuit citation data.
This case was decided on July 27, 2006.
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