Gresham v. Chandler

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40508 Summary Calendar ROGER EUGENE GRESHAM, Petitioner-Appellant, versus ERNEST CHANDLER, Warden, United States Penitentiary, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-120 -------------------- October 4, 2002 Before DAVIS, DUHÉ, and DeMOSS, Circuit Judges. PER CURIAM:1 Roger Eugene Gresham, inmate # 29072-077, appeals the denial of his petition for habeas relief filed pursuant to 28 U.S.C. § 2241. Gresham’s claim that prison officials failed to protect him from another inmate is not cognizable under 28 U.S.C. § 2241. See Spina v. Aaron, 821 F.2d 1126, 1128 (5th Cir. 1987). Gresham’s claim that he was denied due process at a disciplinary hearing also is without merit inasmuch as the hearing met with the requirements 1 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. set forth in Wolff v. McDonnell, 418 U.S. 539, 556-57 (1974). Last, Gresham’s claims that prison officials failed to follow their own policies, without more, does not constitute a violation of due process. Myers v. Klevenhagen, 97 F.3d 91, 94 (5th Cir. 1996). Thus, the district court did not err when it denied Gresham’s petition. Henson v. U.S. Bureau of Prisons, 213 F.3d 897, 898 (5th Cir. 2000). AFFIRMED. 2