Opinion
A-2101-20
04-14-2022
EDDIE MAGALLANES, Appellant, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, Respondent.
Eddie Magallanes, appellant pro se. Matthew J. Platkin, Acting Attorney General, attorney for respondent (Jane C. Schuster, Assistant Attorney General, of counsel; Suzanne Davies, Deputy Attorney General, on the brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted April 5, 2022
On appeal from the New Jersey Department of Corrections.
Eddie Magallanes, appellant pro se.
Matthew J. Platkin, Acting Attorney General, attorney for respondent (Jane C. Schuster, Assistant Attorney General, of counsel; Suzanne Davies, Deputy Attorney General, on the brief).
Before Judges Fisher and Currier.
PER CURIAM
At a disciplinary hearing, appellant Eddie Magallanes, a prison inmate in the custody of the Department of Corrections, was found by a hearing officer to have assaulted a person with a weapon, N.J.A.C. 10A:4-4.1(a) (*.003). In ruling on appellant's administrative appeal, the Department sustained the hearing officer's determination.
In appealing to this court, appellant reprises the argument posed in his administrative appeal that the phone he threw through a food port in his cell door was not a weapon. We find insufficient merit in this contention, as well as appellant's argument that "the finding of guilt is not supported by substantial evidence in the record," to warrant further discussion in a written opinion. R. 2:11-3(e)(1)(E). A weapon within the meaning of *.003 can be anything "capable of . . . inflicting serious bodily injury." N.J.A.C. 10A:1-2.2.
Affirmed.