July 28, 2008
DALE DISNEY, APPELLANT,
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.
On appeal from a Final Decision of the New Jersey Department of Corrections.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted July 15, 2008
Before Judges C.S. Fisher and Grall.
Appellant Dale Disney is serving an eleven-and-one-half- year prison term at the East Jersey State Prison. He appeals two final agency decisions. The first, which was rendered on September 12, 2007, downgraded disciplinary infraction .402, a charge of being in an unauthorized area, to an on-the-spot correction. The second, which was rendered on September 17, 2007, found appellant guilty of disciplinary infraction *.256, refusing to obey an order of any staff member, N.J.A.C. 10A:4- 4.1. The hearing officer imposed fifteen days detention, with credit for time served, and sixty days loss of commutation credit. As a result of an administrative appeal, the fifteen- day detention period was reduced by three days.
Appellant has presented the following arguments in his appeal of the final agency decisions in this matter:
I. THE HEARING OFFICER'S DECISION FINDING APPELLANT GUILTY OF VIOLATING PRISON RULES WAS ARBITRARY AND CAPRICIOUS AND NOT BASED UPON SUBSTANTIAL EVIDENCE AS REQUIRED IN N.J.A.C. 10A:4-9.15(a).
II. THE HEARING OFFICER FAILED TO STATE HIS REASONS FOR BELIEVING THE SERGEANT'S VERSION OVER THE APPELLANT'S, THUS VIOLATING APPELLANT'S RIGHT TO DUE PROCESS OF THE LAW.
III. THE DEPARTMENT OF CORRECTION'S FINDINGS, UPHOLDING INMATE DISCIPLINE, WERE INADEQUATE, CONTRARY TO THIS COURT'S DECISION IN BLACKWELL V. DEP[']T OF CORRECTIONS, 348 N.J. Super. 117 (App. Div. 2002).
We find insufficient merit in these arguments to warrant discussion in a written opinion. R. 2:11-3(e)(1)(D) and (E).
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