Legal Opinion

Johnson v. FCI Berlin, Warden

District Court, D. New Hampshire

Decided February 24, 2021No. 1:20-cv-00920Unknown

1Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Avaun Johnson v. Civil No. 20-cv-920-JD Opinion No.

2021 DNH 042

Warden, FCI Berlin O R D E R Avaun Johnson, proceeding pro se, brings a petition under 28 U.S.C. § 2241, alleging that his due process rights were violated in a disciplinary proceeding while he was held at FCI Fort Dix. The government moves to dismiss the petition, contending that Johnson does not allege a due process violation and cannot raise a new claim that was not previously exhausted. Johnson did not respond to the motion to dismiss. Standard of Review In…

2Cases cited10 opinions

  1. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
  2. Peter Bistrian v. Troy LeviCourt of Appeals for the Third Circuit · 2018
  3. Reeb v. ThomasCourt of Appeals for the Ninth Circuit · 2011
  4. Surprenant v. RivasCourt of Appeals for the First Circuit · 2005
  5. Lyman v. BakerCourt of Appeals for the First Circuit · 2020

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