ALD-006 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 23-2448
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ROBERT ANDRE RUFF,
Appellant
v.
WARDEN SCHUYLKILL FCI
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On Appeal from the United States District Court
for the Middle District of Pennsylvania
(M.D. Pa. Civil Action No. 1:22-cv-01032)
District Judge: Honorable Sylvia H. Rambo
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Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or
Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
October 12, 2023
Before: HARDIMAN, MONTGOMERY-REEVES, and NYGAARD, Circuit Judges
(Opinion filed: October 19, 2023)
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OPINION*
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*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
PER CURIAM
Robert Andre Ruff appeals from the District Court’s order dismissing his habeas
petition for lack of jurisdiction. For the reasons that follow, we will summarily affirm.
Ruff, a federal prisoner, filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2241. Ruff sought to challenge a disciplinary proceeding charging him with
various Bureau of Prisons code violations in connection with a September 12, 2021, fire
in his cell. Ruff was advised of his rights before a Disciplinary Hearing Officer
(“DHO”), and subsequently admitted to the charges. The DHO issued a written report,
sanctioning Ruff to 40 days of disciplinary segregation, the loss of telephone, visitation,
and email privileges for varying amounts of time, and monetary restitution. See D.Ct.
ECF No. 13-1 at 9-10, 35-38. Ruff was not sanctioned with any loss of good conduct
time.
The DHO report also indicated that Ruff was provided with a copy of the incident
report in advance of the hearing. Ruff disputes this assertion. In his § 2241 petition, Ruff
alleged that he was denied due process because he did not receive a copy of the incident
report as claimed. As relief, Ruff requested that the incident report be removed from his
file. See D.Ct. ECF No. 1 at 6-7.
The District Court dismissed the petition without prejudice for lack of subject
matter jurisdiction. It concluded that, because Ruff was not sanctioned with the loss of
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good conduct time, his petition “does not affect the duration of his sentence and, thus, is
not cognizable in a Section 2241 habeas corpus petition.” D.Ct. ECF No. 15 at 7.
Ruff filed a notice of appeal. The parties were notified that this appeal would be
considered for possible dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B) or possible
summary action pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6. Ruff responded to
that notification, requesting “a review of the camera to show that [he] was never
serve[d]” with the incident report, which he asserts was a violation of his rights. 3d Cir.
ECF No. 8 at 1.
We have jurisdiction pursuant to 28 U.S.C. § 1291 and exercise plenary review
over the District Court’s legal conclusions. Cradle v. U.S. ex rel. Miner, 290 F.3d 536,
538 (3d Cir. 2002) (per curiam). We will summarily affirm the District Court’s order
dismissing Ruff’s habeas petition because no substantial question is presented by this
appeal. See Third Circuit L.A.R. 27.4 and I.O.P. 10.6.
Section 2241 is the appropriate vehicle for constitutional claims when a prison
disciplinary proceeding results in the loss of good conduct time because the action could
affect the duration of the prisoner’s sentence. See Preiser v. Rodriguez, 411 U.S. 475,
500 (1973); Queen v. Miner, 530 F.3d 253, 254 n.2 (3d Cir. 2008) (per curiam).
However, as explained by the District Court and as reflected in the record, the DHO did
not impose any loss of good conduct time for the various code violations. Instead, the
disciplinary proceedings resulted in temporary disciplinary segregation, temporary loss of
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certain privileges, and restitution for damages. Ruff did not allege that these sanctions
are at odds with the terms of his sentence. As Ruff’s petition does not concern how his
judgment of sentence is being effectuated, his claim relating to this disciplinary
proceeding is not cognizable in a § 2241 habeas petition. See Cardona v. Bledsoe,
681 F.3d 533, 536-37 (3d Cir. 2012) (explaining that the district court lacked § 2241
habeas jurisdiction absent allegations that the challenged Bureau of Prisons conduct was
“somehow inconsistent with a command or recommendation in the sentencing
judgment”).
Accordingly, we will summarily affirm the District Court’s judgment.
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