In re Lopez CA3
Folsom State Prison inmate Rey Coronel Lopez filed this petition for writ of habeas corpus challenging a decision by the California Department of Corrections and Rehabilitation (CDCR) adjudicating him guilty of a prison disciplinary violation for refusing to accept assigned housing on February 26, 2019. The violation was classified as serious, and Lopez was assessed a 61-day credit forfeiture.
The discipline arises from Lopez’s refusal to sign an “Informational Chrono” acknowledging he was “willing to program on a Non Designated Programming Facility [(NDPF)].” Lopez claims the disciplinary decision must be vacated because: (1) the decision to assign him to an NDPF was not made by a classification committee as required by CDCR’s own regulations (see Cal. Code Regs., tit. 15, § 3375, subd. (c)); (2) CDCR’s NDPF rules were not properly promulgated under the Administrative Procedure Act; and (3) there is not “some evidence” Lopez refused a housing assignment.
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