Coleman v. Cockrell

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-10943 Summary Calendar JOHN FREDERICK COLEMAN, Petitioner-Appellant, versus JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 1:00-CV-1 -------------------- November 29, 2001 Before DAVIS, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* John Frederick Coleman, Texas prisoner # 564038, appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Coleman's petition challenged the prison disciplinary board's finding that Coleman was guilty of participating in a chow hall riot, for which Coleman was punished by, inter alia, the loss of accrued good- time credits. He argues that the district court erred in determining that the prison disciplinary board's finding was * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 00-10943 -2- supported by some evidence. The appellee has filed a motion to supplement the record with the tape recording of the prison disciplinary hearing, a summary of which was included in the record before the district court. Coleman has not responded to the motion. The appellee's motion is GRANTED. The record shows that the prison disciplinary board's finding of guilt was supported by some evidence. See Hudson v. Johnson, 242 F.3d 534, 535 (5th Cir. 2001). Accordingly, the district court's judgment is AFFIRMED.