Opinion

LORA v. PETERS

Court
District Court, W.D. Pennsylvania
Filed
May 22, 2025
Cited by
0 cases
Authority
More cited than 35.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

FRANCISCO LORA, )

)

Petitioner, )

)

v. ) Civil Action No. 3:24-215

) Judge Nora Barry Fischer

DIRECTOR BOP COLETTE PETERS, ) Magistrate Judge Keith Pesto

WARDEN MICHAEL UNDERWOOD, )

WARDEN, F.C.I. LORETTO, )

)

Respondents.

MEMORANDUM ORDER

AND NOW, this 22nd day of May, 2025, upon consideration of the Report and

Recommendation filed by United States Magistrate Judge Keith A. Pesto on April 30, 2025,

(Docket No. 13), recommending that the § 2241 habeas petition filed by Petitioner Francisco

Lora against Director BOP Colette Peters and Warden Michael Underwood challenging the

Bureau of Prisons’ forfeiture of 27 days good conduct time as a result of his stealing in violation

of disciplinary Code 219 be denied because he has failed to demonstrate that he is entitled to the

relief requested in light of the relevant standards of review in challenges to prison disciplinary

proceedings, see e.g., Superintendent v. Hill, 472 U.S. 445, 455, 105 S. Ct. 2768, 2774, 86 L. Ed.

2d 356 (1985), and the Magistrate Judge having directed non-ECF users such as Petitioner to file

any objections to the Report and Recommendation within 14 days or by May 19, 2025, and no

objections having been filed by the date of this Memorandum Order, and upon independent

review of the record and de novo consideration of the Magistrate Judge’s Report and

Recommendation, (Docket No. 13),

IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation

[13] is ADOPTED as the opinion of this Court.

IT IS HEREBY ORDERED that Petitioner Francisco Lora’s § 2241 Petition [4] is

DENIED, as the Court agrees that the record plainly supports the BOP’s determination that some

evidence supports the discipline imposed for Petitioner’s misconduct. See Hill, 472 U.S. at 455,

105 S. Ct. 2768, 2774 (“We hold that the requirements of due process are satisfied if some

evidence supports the decision by the prison disciplinary board to revoke good time credits.”).

An appropriate Judgment follows.

s/Nora Barry Fischer

Nora Barry Fischer

Senior U.S. District Judge

cc/ecf: Magistrate Judge Keith A. Pesto

cc: FRANCISCO LORA

92091-054

F.C.I. Loretto

P.O. Box 1000

Cresson, PA 16630 (via first class mail)

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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