MICHAEL McCANN v. RICK HILL, Warden of FSP

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL McCANN,
Petitioner - Appellant,
v.
RICK HILL, Warden of FSP,
Respondent - Appellee.
No. 12-15820
D.C. No. 2:11-cv-01463-LKK
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, District Judge, Presiding
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
California state prisoner Michael McCann appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2254 habeas petition challenging a
prison disciplinary violation for over-familiarity towards staff. We have
jurisdiction under 28 U.S.C. § 2253, and we affirm.
FILED
OCT 23 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-15820 2
The district court concluded that McCann’s claims were unexhausted, or
alternatively, procedurally barred. We decline to review the district court’s
procedural ruling and instead affirm the denial of habeas relief because McCann’s
claim fails on the merits. See White v. Klitzkie, 281 F.3d 920, 922 (9th Cir. 2002)
(this court can affirm on any ground supported by the record even if the issue is not
included in the certificate of appealability). The record reflects that McCann
received all process that was due and that some evidence supports the disciplinary
findings. See Superintendent v. Hill, 472 U.S. 445, 455 (1985) (some evidence
must support decision that results in revocation of good time credits); Wolff v.
McDonnell, 418 U.S. 539, 563-70 (1974) (setting forth procedural due process
requirements in prison disciplinary proceedings).
AFFIRMED.

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