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Anderson v. Dep't of Corrections

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


January 30, 2008

MICHAEL ANDERSON, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT.

On appeal from a Final Agency Decision of the Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 7, 2008

Before Judges Stern and Collester.

Appellant Michael Anderson, an inmate incarcerated at East Jersey State Prison, appeals from a final administrative action of the Department of Corrections (DOC) entered on April 11, 2007, finding that he committed four separate code violations: (1) *.010 participating in an activity related to a security threat group (STG); (2) *.253 engaging in and encouraging a group demonstration; (3) *.306 conduct disruptive to orderly running of the institution; and (4) *.010 participating in an activity related to a STG.

We are satisfied that Anderson received all the procedural due process to which he was entitled. Avant v. Clifford, 67 N.J. 496, 522 (1975). There was no entitlement to a polygraph examination. Ramirez v. Dep't of Corrections, 382 N.J. Super. 18, 23-24 (App. Div. 2005); Johnson v. New Jersey Dep't of Corrections, 298 N.J. Super. 79, 83 (App. Div. 1997); N.J.A.C. 10A:3-7.1. Anderson acknowledged writing one page of the papers identified as STG related, and his request for a handwriting expert, at one point withdrawn, was made moot by his admission to writing one page. The decision of the DOC was supported by the record as a whole. R. 2:11-3(e)(1)(E).

Affirmed.

20080130

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