Morales v. Outlaw

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
July 29, 2009
No. 08-40992
Summary Calendar Charles R. Fulbruge III
Clerk

ALEJANDRO MORALES

Petitioner-Appellant

v.

T C OUTLAW, Warden

Respondent-Appellee

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:06-CV-88

Before GARZA, PRADO, and ELROD, Circuit Judges.
PER CURIAM:*
Alejandro Morales, federal prisoner # 14368-179, appeals the district
court’s dismissal of his 28 U.S.C. § 2241 petition challenging a prison
disciplinary proceeding in which the disciplinary hearing officer (DHO)
determined that Morales had attempted a sexual assault of a prison counselor.
Morales lost 54 days of good conduct time, in addition to other penalties.

*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
 No. 08-40992

Morales contends that the evidence was insufficient to support the decision of
the DHO.
Morales has not shown that the district court erred by determining that
there was “some evidence” in the record to support the DHO’s disciplinary
decision where that decision was based on the counselor’s written report stating
that Morales blocked her exit from the office, exposed himself to her in a state
of arousal, and refused her orders to leave the office. See Hudson v. Johnson,
242 F.3d 534, 536-37 (5th Cir. 2001).
The judgment of the district court is AFFIRMED.

2