F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUN 7 2004
TENTH CIRCUIT
PATRICK FISHER
Clerk
C. ELI-JAH HAKEEM
MUHAMMAD, a/k/a Christopher
Hijrah Mitchell,
Petitioner - Appellant,
No. 04-1002
(D.C. No. 03-Z-1935)
v.
(D. Colo.)
R. A. HOOD, ADX-Warden,
Respondent - Appellee.
ORDER AND JUDGMENT *
Before EBEL, MURPHY and McCONNELL, Circuit Judges.
C. Eli-jah Hakeem Muhammad (“Petitioner”) is a prisoner in custody of the
United States Bureau of Prisons at ADX Florence. On February 11, 2002,
Petitioner was transferred to a less restrictive unit of the prison as part of the
“Step-Down Program.” The next day, he used the duress button in his cell to call
*
After examining appellant’s brief and the appellate record, this panel has
determined unanimously that oral argument would not materially assist the
determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R.
34.1(G). The case is therefore ordered submitted without oral argument. 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Order and Judgment is not binding precedent, except under the doctrines of law of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.
a correctional officer to determine who was responsible for transporting his
property to his current unit. Petitioner was charged with violating Prohibited Act
Code (PAC) No. 319, which prohibits “[u]sing any equipment or machinery
contrary to instructions or posted safety standards.” He was provided written
notice of that charge. On February 14, Petitioner appeared before the Unit
Disciplinary Commission (UDC), was found guilty of the prohibited act, and was
moved back to the more restrictive unit for an additional year.
Petitioner, appearing pro se and in forma pauperis, 1 filed this petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the disciplinary
action. The district court dismissed his petition, and this appeal followed.
Petitioner asserts that he was deprived of due process because he was unaware
that his conduct violated PAC No. 319 and because there was insufficient
evidence to find Petitioner guilty of the violation.
The Due Process Clause guarantees due process only when a person is to be
deprived of life, liberty, or property. Meachum v. Fano, 427 U.S. 215, 223
(1976). Transferring a prison inmate to a more restrictive prison environment
ordinarily does not deprive the inmate of liberty. Id. at 225. However, an inmate
may be deprived of liberty if subjected to a restraint that “imposes atypical and
Based on our review of Petitioner’s financial declarations, we grant his
1
motion to proceed in forma pauperis on appeal. See 28 U.S.C. § 1915(a)(1).
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significant hardship on the inmate in relation to the ordinary incidents of prison
life.” Sandin v. Conner, 515 U.S. 472, 483-84 (1995). In Sandin v. Conner, the
Supreme Court held that a prisoner who was sentenced to 30 days in disciplinary
segregation had not demonstrated a liberty interest protected by the Due Process
Clause. Id. at 475-76, 486. “Discipline by prison officials in response to a wide
range of misconduct falls within the expected perimeters of the sentence imposed
by a court of law.” Id. at 485.
In this case, Petitioner has not demonstrated that his move from a less
restrictive to a more restrictive unit was an “atypical and significant hardship.”
Petitioner was not placed in special confinement, see Gaines v. Stenseng, 292
F.3d 1222, 1224 (10th Cir. 2002), but rather remained in a general prison
population, albeit in a more restrictive classification. Thus, Petitioner fails to
allege an “atypical and significant hardship.” In addition, there is no evidence
that the change in the nature of Petitioner’s confinement affected the length of his
confinement. Accordingly, Petitioner has demonstrated no liberty interest
protected by the Due Process Clause.
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We AFFIRM the judgment of the district court.
ENTERED FOR THE COURT
David M. Ebel
Circuit Judge
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