Andrew Gross, III v. Warden Canaan USP

CLD-050 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 17-2477 ___________ ANDREW GROSS, III, Appellant v. WARDEN, USP CANAAN ____________________________________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil Action No. 1:16-cv-02289) District Judge: Honorable Christopher C. Conner ____________________________________ Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 November 16, 2017 Before: CHAGARES, GREENAWAY, JR., and GREENBERG, Circuit Judges (Opinion filed December 20, 2017) _________ OPINION* _________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not PER CURIAM Andrew Gross, III, a federal prisoner proceeding pro se, appeals from the order of the United States District Court for the Middle District of Pennsylvania denying in part and dismissing in part his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. His petition sought relief from sanctions imposed in prison disciplinary proceedings. We will summarily affirm the District Court’s judgment. See 3d Cir. L.A.R. 27.4; 3d Cir. I.O.P. 10.6. While Gross was incarcerated at United States Penitentiary in Terre Haute, Indiana (“USP Terre Haute”), he was disciplined for an incident that occurred on May 12, 2009. Pursuant to an administrative remedy filed by Gross, the Regional Director granted partial relief and remanded the incident report back to the institution for re-investigation. In a separate incident, on September 30, 2014, a prison staff member searched Gross’ locker and found, inter alia, a copy of Gross’ judgement and commitment order. The documents had been altered to omit two charges, which created the appearance that Gross’ sentence should be reduced. The staff member also found a fraudulent letter from the United States District Court for the Eastern District of Michigan claiming the altered documents were amended documents. As a result, Gross was charged with attempted escape, use of the mail for an illegal purpose, and possessing anything unauthorized. After a hearing, the Discipline Hearing Officer (“DHO”) found Gross committed the constitute binding precedent. 2 charged acts and, for the charge of attempted escape, the DHO sanctioned Gross with the loss of 55 days of good conduct time, 90 days of disciplinary segregation, and 180 days of email and phone restriction. Gross filed an administrative remedy requesting an expungement of the three charges. The Regional Director expunged the charges of use of the mail for an illegal purpose and possessing anything unauthorized. However, the Regional Director upheld the charge of attempted escape and the sanctions related to the charge remained valid. Gross filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the Middle District of Pennsylvania. Gross argued that his due process rights were violated during the disciplinary proceedings regarding the second incident, that the institution failed to restore 54 days of good conduct time after his appeal regarding the first incident was partially granted, and that his custody classification score ...

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