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No. 8508627
United States Court of Appeals for the Ninth Circuit
Mier-Cardenas v. Adler
No. 8508627 · Decided October 4, 2010
No. 8508627·Ninth Circuit · 2010·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 4, 2010
Citation
No. 8508627
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Federal prisoner Jairo Fernando MierCardenas appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. Mier-Cardenas challenges a disciplinary decision in which he was found guilty of possession, manufacture, or introduction of a hazardous tool. He contends that he did not receive adequate notice of the charges. This contention fails because Mier-Cardenas was provided with enough information about the factual basis for the charge “to enable him to marshal the facts and prepare a defense.” Wolff v. McDonnell, 418 U.S. 539, 564 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974). Mier-Cardenas also contends that the hearing officer’s decision was not supported by the evidence. “Some evidence” supports the prison disciplinary decision. Superintendent v. Hill, 472 U.S. 445, 454 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Federal prisoner Jairo Fernando MierCardenas appeals pro se from the district court’s judgment denying his 28 U.S.C.
Key Points
01MEMORANDUM ** Federal prisoner Jairo Fernando MierCardenas appeals pro se from the district court’s judgment denying his 28 U.S.C.
02Mier-Cardenas challenges a disciplinary decision in which he was found guilty of possession, manufacture, or introduction of a hazardous tool.
03He contends that he did not receive adequate notice of the charges.
04This contention fails because Mier-Cardenas was provided with enough information about the factual basis for the charge “to enable him to marshal the facts and prepare a defense.” Wolff v.
Frequently Asked Questions
MEMORANDUM ** Federal prisoner Jairo Fernando MierCardenas appeals pro se from the district court’s judgment denying his 28 U.S.C.
FlawCheck shows no negative treatment for Mier-Cardenas v. Adler in the current circuit citation data.
This case was decided on October 4, 2010.
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