Muhammad v. Hood

F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS SEP 11 2003 TENTH CIRCUIT PATRICK FISHER Clerk C. ELI-JAH HAKEEM MUHAMMAD, Petitioner-Appellant, No. 03-1217 v. District of Colorado (D.C. No. 03-Z-650) R.A. HOOD, ADX-Warden, Respondent-Appellee. ORDER AND JUDGMENT * Before TACHA , Chief Judge, McKAY and McCONNELL , Circuit Judges. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore submitted without oral argument. Petitioner C. Eli-Jah Hakeem Muhammad, a prisoner appearing pro se, appeals the dismissal of his habeas corpus action challenging a prison disciplinary This order and judgment is not binding precedent, except under the * doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. conviction. He contends that the prison disciplinary proceeding violated his substantive and procedural due process rights, as well as various Bureau of Prison program statements. The district court dismissed. We review the case de novo, construing petitioner’s claims liberally on account of his lack of legal counsel. The district court reviewed each of petitioner’s claims, and stated and applied the correct legal standards. See Wolff v. McDonnell , 418 U.S. 539, 563- 66 (1974); Superintendent v. Hill , 472 U.S. 445, 454 (1985). We have reviewed petitioner’s arguments and record submissions on appeal, and affirm for the reasons stated by the district court. Petitioner’s motion for leave to proceed without prepayment of costs or fees is GRANTED, and the judgment of the district court is AFFIRMED. Entered for the Court Michael W. McConnell Circuit Judge -2-