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340 F. App'x 209

Morales v. Outlaw

U.S. Courts of Appeals

Decided July 29, 2009

U.S. Courts of Appeals · decided 2009-07-29

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Paul William Orso Valerie Canfield v. Paul William Orso

Decided 2009-07-29

*210 PER CURIAM: *

¶1 Alejandro Morales, federal prisoner # 14368-179, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging a prison disciplinary proceeding in which the disciplinary hearing officer (DHO) determined that Morales had attempted a sexual assault of a prison counselor. Morales lost 54 days of good conduct time, in addition to other penalties. Morales contends that the evidence was insufficient to support the decision of the DHO.

¶2 Morales has not shown that the district court erred by determining that there was “some evidence” in the record to support the DHO’s disciplinary decision where that decision was based on the counselor’s written report stating that Morales blocked her exit from the office, exposed himself to her in a state of arousal, and refused her orders to leave the office. See Hudson v. Johnson, 242 F.3d 534, 536-37 (5th Cir.2001).

¶3 The judgment of the district court is AFFIRMED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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