Woods (Ian) v. Williams ( 2014 )


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  •                                 Appellant failed to demonstrate a violation of due process
    because he did not contest that he received advance written notice of the
    charges and a written statement of the fact finders of the evidence relied
    upon and the reasons for disciplinary action, and appellant was not denied
    a qualified right to call witnesses and present evidence.          Wolff v.
    McDonnell, 
    418 U.S. 539
    , 563-69 (1974). Confrontation and cross-
    examination in prison disciplinary proceedings are not required because
    these procedures present "greater hazards to institutional interests."    
    Id. at 567-68
    . Further, the hearing officer clearly considered appellant's
    medical evidence but rejected it as an excuse not to comply with
    administrative regulations.
    Appellant also failed to demonstrate that he was illiterate or
    that complex issues were involved and, therefore, failed to demonstrate
    that he "should be free to seek the aid of a fellow inmate, or if that is
    forbidden, to have adequate substitute aid in the form of help from the
    staff or from a sufficiently competent inmate designated by the staff."   
    Id. at 570
    . Further, to the extent appellant claimed a due process violation in
    the prison appeals process, an institutional appeal is not a protected due
    process right. See Sandin, 515 U.S. at 486. Finally, as appellant conceded
    that he did not provide the urine sample as demanded, some evidence
    supports the decision by the hearing officer, Superintendent v. Hill, 472
    ...continued
    not cognizable in a petition for a writ of habeas corpus. See Bowen v.
    Warden, 
    100 Nev. 489
    , 
    686 P.2d 250
     (1984); see also Sandin v. Conner, 
    515 U.S. 472
    , 486 (1995) (holding that liberty interest protected by the Due
    Process Clause will generally be limited to freedom from restraint which
    imposes an atypical and significant hardship on the inmate in relation to
    the ordinary incidents of prison life).
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A )41:4P4
    U.S. 445, 455 (1985), and therefore, appellant failed to demonstrate that
    he was entitled to relief. Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    Hardesty
    J.
    Douglas
    J.
    cc: Hon. Adriana Escobar, District Judge
    Ian Armese Woods
    Attorney General/Carson City
    Attorney General/Las Vegas
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) I947A
    

Document Info

Docket Number: 65982

Filed Date: 9/17/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014