Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the District of Nevada, David Warner Hagen, District Judge, Presiding.
Before SCHROEDER, Chief Judge, HAWKINS and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Nevada state prisoner Kevin Holmes appeals pro se the district court's summary
Page 298.
judgment in favor of prison officials in his 42 U.S.C. § 1983 action, which alleged the prison disciplinary committee convicted him of fighting or challenging another to fight, and imposed monetary sanctions, without sufficient evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, see Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir.1996), and we affirm.
Holmes' contention that insufficient evidence supported his conviction lacks merit because the conviction was supported by "some evidence." Superintendent v. Hill, 472 U.S. 445, 455-56, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985).
Holmes' contention that prison officials misapplied state law by imposing a sanction for medical costs lacks merit because the sanction was permitted under Nev.Rev.Stat. § 209.246 and the Nevada Department of Prisons Code of Penal Discipline.
AFFIRMED.
HAWKINS, Circuit Judge, Dissenting in part.
MICHAEL DALY HAWKINS, Circuit Judge.
I would uphold the conviction but vacate the sanction.