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Barocio v. Jones

Citation: 239 F. App'x 405Docket: No. 06-6293

Court: Court of Appeals for the Tenth Circuit; June 21, 2007; Federal Appellate Court

Narrative Opinion Summary

The case involves a petition for habeas corpus filed by an Oklahoma state prisoner challenging the reduction of his earned-credit level within the prison's classification system. The petitioner argued that his demotion from Level IV to Level I was effected without due process after his job status changed at the Oklahoma Correctional Industries garment factory. The district court, following the magistrate judge's recommendation, denied the petition, which led to the appeal. The appellate court, upon granting a certificate of appealability, reviewed the case and affirmed the lower court's decision. The court held that the demotion was discretionary under the Oklahoma Department of Corrections policy, thus negating any liberty interest that would require due process protections. The petitioner's arguments, including the necessity of an evidentiary hearing, were dismissed, as the court found the factual disputes non-essential to resolving the claims. Consequently, the court upheld the district court's judgment and allowed the petitioner to proceed in forma pauperis. The decision emphasizes the discretionary nature of classification adjustments in Oklahoma and the absence of a mandatory process that would invoke due process rights.

Legal Issues Addressed

Appeal and Certificate of Appealability

Application: The appellate court granted a certificate of appealability, reviewed the case, and affirmed the district court's denial of the habeas petition.

Reasoning: The appellate court granted a certificate of appealability and allowed Barocio to proceed in forma pauperis, ultimately affirming the district court's judgment.

Discretionary Actions in Inmate Classification

Application: The court found that the demotion to Level I was discretionary and did not implicate a liberty interest requiring due process protections.

Reasoning: Consequently, the Unit Team had discretion in demoting him to Level I, making the Wilson precedent inapplicable in this case.

Evaluation of Procedural Due Process Claims

Application: The court determined that procedural due process was not violated since the demotion did not require mandatory documentation or hearings.

Reasoning: The magistrate judge correctly determined that the demotion was discretionary, relying on the absence of any required documentation.

Habeas Corpus under 28 U.S.C. § 2241

Application: The petitioner, a state prisoner, filed a habeas corpus petition challenging the reduction of his earned-credit level without due process.

Reasoning: Petitioner Merce Barocio, an Oklahoma state prisoner, filed a pro se habeas corpus petition under 28 U.S.C. § 2241, claiming that prison officials improperly reduced his earned-credit level without due process.

Liberty Interest in Inmate Classification

Application: The court evaluated whether a liberty interest was implicated, finding that the discretion allowed in demotion decisions negated this interest.

Reasoning: The magistrate concluded that since the demotion was not mandatory under the Oklahoma Department of Corrections policy, petitioner lacked a liberty interest in maintaining his Level IV status.