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James v. New Jersey Dep't of Corrections

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 1, 2008

HARRY JAMES, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.

On appeal from a final decision of the New Jersey Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 15, 2008

Before Judges Skillman and Winkelstein.

Appellant Harry James is an inmate at the New Jersey State Prison in Trenton, serving a thirty-seven and one-half year to life sentence for multiple convictions. He appeals from a final decision of the New Jersey Department of Corrections placing him in the Management Control Unit. On appeal, he raises the following legal argument:

THE FINAL DECISION OF THE DEPARTMENT OF CORRECTIONS SHOULD BE REVERSED BECAUSE JAMES' PLACEMENT IN THE MANAGEMENT CONTROL UNIT WAS . . . NOT BASED ON SUBSTANTIAL EVIDENCE IN ACCORDANCE [WITH] THE ADMINISTRATIVE CODE, THE DECISION OF THE MCURC WAS IN VIOLATION OF TITLE 10A AND VIOLATED HIS DUE PROCESS RIGHTS.

We have carefully reviewed appellant's argument in light of the record and the applicable law. We do not find the agency's action of placing appellant in the Management Control Unit to have been arbitrary, capricious or unreasonable and it was supported by credible evidence in the record. See In re Taylor, 158 N.J. 644, 657 (1999); Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980). Appellant's arguments to the contrary are without merit and do not warrant discussion in a written opinion. R. 2:11-3(e)(1)(D), (E).

Affirmed.

20080201

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