Opinion
No. 66670
03-17-2015
RONNIE MONEY COLEMAN, Appellant, v. RENEE BAKER, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123,
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his petition, filed on April 17, 2014, appellant challenged a prison disciplinary hearing that resulted in his placement in disciplinary segregation and the loss of statutory good time credits. Appellant asserted that the disciplinary charge should be removed from his record because the criminal charge relating to the same incident was dismissed.
When a prison disciplinary hearing results in the loss of statutory good time credits, the United States Supreme Court has held that minimal due process rights entitle a prisoner to: (1) advance written notice of the charges, (2) a qualified opportunity to call witnesses and present evidence, and (3) a written statement by the fact-finder of the evidence relied upon. Wolff v. McDonnell, 418 U.S. 539, 563-69 (1974). In addition, some evidence must support the disciplinary hearing officer's decision. Superintendent v. Hill, 472 U.S. 445, 455 (1985). In reviewing a claim that the "some evidence" standard was not met, the court must determine whether there is any evidence in the record to support the disciplinary hearing officer's conclusion. Id. at 455-56. Significantly, reviewing courts are not required to examine the entire record, independently assess the credibility of witnesses, or weigh the evidence. Id.
Appellant did not demonstrate that he was entitled to relief. The evidence in the record was sufficient to support the finding of the disciplinary hearing officer that appellant committed MJ2 (assault), MJ3 (battery), and MJ15 (mayhem). Evidence before the hearing officer established that appellant attacked another inmate with a weapon. Given this evidence, we conclude that the district court properly denied the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Steve L. Dobrescu, District Judge
Ronnie Money Coleman
Attorney General/Carson City
Attorney General/Ely
White Pine County Clerk