Appellant failed to demonstrate a violation of due process
because he did not contest that he received advance written notice of the
charges and a written statement of the fact finders of the evidence relied
upon and the reasons for disciplinary action, and appellant was not denied
a qualified right to call witnesses and present evidence. Wolff v.
McDonnell, 418 U.S. 539, 563-69 (1974). Confrontation and cross-
examination in prison disciplinary proceedings are not required because
these procedures present "greater hazards to institutional interests." Id.
at 567-68. Further, the hearing officer clearly considered appellant's
medical evidence but rejected it as an excuse not to comply with
administrative regulations.
Appellant also failed to demonstrate that he was illiterate or
that complex issues were involved and, therefore, failed to demonstrate
that he "should be free to seek the aid of a fellow inmate, or if that is
forbidden, to have adequate substitute aid in the form of help from the
staff or from a sufficiently competent inmate designated by the staff." Id.
at 570. Further, to the extent appellant claimed a due process violation in
the prison appeals process, an institutional appeal is not a protected due
process right. See Sandin, 515 U.S. at 486. Finally, as appellant conceded
that he did not provide the urine sample as demanded, some evidence
supports the decision by the hearing officer, Superintendent v. Hill, 472
...continued
not cognizable in a petition for a writ of habeas corpus. See Bowen v.
Warden, 100 Nev. 489, 686 P.2d 250 (1984); see also Sandin v. Conner, 515
U.S. 472, 486 (1995) (holding that liberty interest protected by the Due
Process Clause will generally be limited to freedom from restraint which
imposes an atypical and significant hardship on the inmate in relation to
the ordinary incidents of prison life).
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U.S. 445, 455 (1985), and therefore, appellant failed to demonstrate that
he was entitled to relief. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Hardesty
J.
Douglas
J.
cc: Hon. Adriana Escobar, District Judge
Ian Armese Woods
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk
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