Filed 1/11/18 In re Jones CA5


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT


In re

WILLIAM JONES,

On Habeas Corpus.
F073861

(Kern Super. Ct. No. HC14986A)

OPINION


THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Steven M. Katz, Judge.
Susan L. Jordan, under appointment by the Court of Appeal, for Petitioner.
Xavier Becerra, Attorney General, Phillip J. Lindsay, Assistant Attorney General, Jessica N. Blonien and Yun Hwa Harper, Deputy Attorneys General, for Respondent.
-ooOoo-
Petitioner William Jones is an inmate in the custody of the California Department of Corrections and Rehabilitation (CDCR). On April 21, 2015, petitioner received a rules violation report for use of a controlled substance, log No. FB-15-04-048. On May 17, 2015, petitioner was found guilty of use of a controlled substance based on a positive urinalysis test. Petitioner challenged the rules violation, denying that he provided a urine sample for testing. Petitioner exhausted his administrative remedies, and exhausted his remedy of filing a petition for writ of habeas corpus in the Kern County Superior Court. Thereafter, on June 10, 2016, petitioner filed the instant petition for writ of habeas corpus. Following consideration of an informal response, this court issued an order to show cause and appointed counsel to represent petitioner.
On April 17, 2017, the Attorney General filed an amended return to the order to show cause stating, inter alia, that the rules violation had been dismissed in the interest of justice, the petition challenging the disciplinary decision is moot, and the petition should be dismissed. Attached as an exhibit to the amended return was a CDCR-128B general chrono dated March 21, 2017, which states:

“RE: RULE VIOLATION LOG # FB-15-04-048

“DISMISSED BY CHIEF DISCIPLINARY OFFICER of the charged offense. CASE DISMISSED. Per CCR § 3326(2) this Rules Violation Report shall not be placed in Jones’ Central File. The original completed copy of this report shall be provided to Jones H74315 and one completed copy shall be filed in the Register of Institution Violations. All other copies of the CDC 115 RVR and all supplemental reports shall be destroyed.”
Also attached to the amended return was a copy of an amended rules violation report reflecting that on March 21, 2017, the rules violation was “Dismissed in the Interest of Justice.”
On June 30, 2017, petitioner filed a traverse to the order to show cause, noting that an audit of his prison central file confirmed that the original unamended rules violation report was still in his prison central file and that the general chrono quoted above was not in his prison central file.
On July 11, 2017, the Attorney General filed a sur-reply to the traverse accompanied by a declaration by B. Hancock, litigation coordinator at Kern Valley State Prison. The declaration stated that the rules violation report was ordered removed from petitioner’s central file, which is now maintained in the CDCR’s electronic records management system (ERMS) in electronic format. Hancock further stated that the dismissal paperwork was forwarded to Calipatria State Prison, where petitioner is currently housed, for processing and delivery to petitioner. Hancock further declared that he conducted an ERMS search on June 30, 2017, and that the rules violation report had been removed from the disciplinary section of petitioner’s file and that he located the March 21, 2017, general chrono dismissing the rules violation report in ERMS. The Attorney General asserted that the loss of time credits has been voided, but provided no documentation regarding this assertion.
On July 25, 2017, petitioner filed a response to the sur-reply claiming that as of June 8, 2017, the original, unamended rules violation report, log No. FB-15-04-048, was still located in petitioner’s central file, along with supplemental reports and chronos, and paperwork relative to petitioner’s administrative appeal.
DISCUSSION
Insofar as the petition for writ of habeas corpus seeks to have the rules violation dismissed, the petition is denied as moot. The rules violation was dismissed in the interest of justice. Insofar as petitioner asks this court to order the CDCR and Calipatria State Prison to remove from petitioner’s file the original rules violation report, log No. FB 15-04-048, all supplemental reports and chronos related to the rules violation report, and documentation related to petitioner’s administrative appeal, the petition is granted.
DISPOSITION
Let a writ of habeas corpus issue directing the California Department of Corrections and Rehabilitations (CDCR) and Calipatria State Prison to remove from petitioner’s file, forthwith, the original rules violation report, log No. FB-15-04-048, all supplemental reports and chronos related to the rules violation report, and the documentation related to petitioner’s administrative appeal.
Petitioner’s request that this court order the CDCR and Calipatria State Prison to provide petitioner with a copy of the CDCR-128B general chrono dismissing the rules violation and the entire amended rules violation report, in which it is noted that the charge was dismissed, is denied. Copies of these documents are attached to respondent’s amended return.