Zapata v. Purdy
Zapata v. Purdy
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-40562 Conference Calendar
MARCO ANTONIO ZAPATA, III,
Petitioner-Appellant,
versus
MICHAEL PURDY, Warden,
Respondent-Appellee.
-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CV-561 --------------------
December 14, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Marco Antonio Zapata III (“Zapata”), federal prisoner
# 24879-077, appeals the district court’s denial of his
28 U.S.C. § 2241petition. He alleges that his due process rights were
violated after a disciplinary hearing officer (“DHO”) found him
in violation of Bureau of Prison (“BOP”) Code # 113A for aiding
another inmate in the possession of marijuana and sanctioned him
with the loss of 41 days’ good-conduct time. Zapata argues that
there was no evidence to support the DHO’s finding.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-40562 -2-
Zapata’s argument fails. “[P]rison disciplinary proceedings
will be overturned only where there is no evidence whatsoever to
support the decision of the prison officials.” Reeves v.
Pettcox,
19 F.3d 1060, 1062(5th Cir. 1994). “A de novo factual
review is not required.”
Id.“[T]he requirements of due process
are satisfied if some evidence supports the decision by the
prison disciplinary board to revoke good-time credits.”
Superintendent, Massachusetts Correctional Inst., Walpole v.
Hill,
472 U.S. 445, 455(1985). Because some evidence supports
the DHO’s decision to revoke good-time credits, this court
AFFIRMS the district court’s judgment.
Reference
- Status
- Unpublished