# E. Robert Nigro, Jr. v. John Sullivan, Warden

> Court of Appeals for the Ninth Circuit · November 4, 1994 · 40 F.3d 990

URL: https://www.frixlaw.com/law-library/cases/9487540

## Case

- **Full name:** E. Robert NIGRO, Jr., Petitioner-Appellant, v. John SULLIVAN, Warden, Respondent-Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** November 4, 1994
- **Citations:** 40 F.3d 990; 94 Daily Journal DAR 15641; 94 Cal. Daily Op. Serv. 8471; 1994 U.S. App. LEXIS 30651; 1994 WL 601751
- **Precedential status:** Published
- **Opinion:** Dissent by Noonan
- **Judges:** Hug, Wiggins, Noonan
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9487540

## How later opinions describe it (automated extraction)

- holding that Houston did not apply because 28 C.F.R. § 542.14 expressly defined “filing” as being when a receipt was issued
- concluding that the mailbox rule did not apply to administrative appeals in federal correctional facilities
- declining to apply the prison-mailbox rule because the relevant regulation provided that an appeal is “considered filed when [a] receipt is issued”

## Opinion text

NOONAN, Circuit Judge, dissenting:
“Habeas corpus jurisdiction ... exists when a petitioner seeks expungement of a disciplinary finding from his record if ex-pungement is likely to accelerate the prisoner’s eligibility for parole.” Bostic v. Carlson, 884 F.2d 1267, 1269-74 (9th Cir.1989), citing McCollum v. Miller, 695 F.2d 1044, 1047 (7th Cir.1982). In both Bostic and McCollum expungement of the disciplinary finding would accelerate the petitioners’ eligibility for parole, because part of the sanction imposed was forfeiture of Statutory Good Time credit toward parole. Nigro does not allege loss of good time credit, but “possible impact at any parole hearing and/or pre-release program.” This unsubstantiated speculation is insufficient for the court to infer that if the disciplinary proceedings are expunged the length of imprisonment will be reduced. Id. at 1047 . We lack jurisdiction to reach the merits of his appeal.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9487540. Public record. Not legal advice.