Laszczynski v. Pitzer ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40128
Conference Calendar
RICHARD D. LASZCZYNSKI,
Petitioner-Appellant,
versus
PERCY H. PITZER, Warden;
UNITED STATES BUREAU OF PRISONS,
Respondents-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CV-1752
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August 25, 1999
Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.
PER CURIAM:*
Richard D. Laszczynski, federal prisoner #41928-066, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 petition
challenging a disciplinary hearing finding that he was guilty of
the charge of fighting and the resulting sanction of the loss of
seven days of good-conduct time and seven days of disciplinary
segregation. Laszczynski argues that the disciplinary hearing
officer did not consider certain evidence and that the evidence
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 99-40128
-2-
was insufficient to support his conviction on the disciplinary
charge.
The record supports the district court’s finding that no due
process violation existed regarding whether Laszczynski was
allowed to present documentary evidence at the disciplinary
hearing and whether such evidence was considered. See Wolff v.
McDonnell, 418 U.S. 539, 564-65 (1974)).
The record further indicates that the disciplinary hearing
officer’s decision was supported by some evidence. See
Superintendent, Massachusetts Correctional Inst., Walpole v.
Hill, 472 U.S. 445, 455 (1985); Gibbs v. King, 779 F.2d 1040,
1044 (5th Cir. 1986).
AFFIRMED.