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Boone v. New Jersey Dep't of Corrections

September 11, 2009

ANTHONY BOONE, 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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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 September 9, 2009

Before Judges Payne and Waugh.

Anthony Boone, sentenced on November 22, 1991 to life in prison for murder,*fn1 appeals from his transfer, on September 25, 2007, from New Jersey State Prison to East Jersey State Prison*fn2 and from the December 10, 2008 determination of the Classification Committee that he remain in medium custody and that he be assigned to "any housing." East Jersey State Prison, apparently unlike other state prisons, houses some of its prisoners in dormitory-style surroundings. Boone objects to this practice, preferring to be housed in a single-person cell, as he was housed while in maximum custody status at New Jersey State Prison. He alleges, among other things, that he poses a danger to other prisoners.*fn3

On appeal, Boone presents multiple arguments, as follows:

POINT ONE

EAST JERSEY STATE PRISON CANNOT JUST IMPLEMENT RULES, REGULATIONS AND POLICIES THAT VIOLATE[] THE NEW JERSEY ADMINISTRATIVE CODE AS WELL AS THE ADMINISTRATIVE PROCEDUR[E] ACT.

POINT TWO

THE DEPARTMENT HA[S] ILLEGALLY IMPLEMENTED RULES AND REGULATIONS THAT CLEARLY VIOLATE[] THE REQUIREMENT[S] OF THE ADMINISTRATIVE PROCEDURE ACT AND SERVE TO VIOLATE DUE PROCESS REQUIRING INTERVENTION PURSUANT TO N.J.S.A. 52:14B-1 TO -12.

a. Requirement[s] of the Administrative Procedure Act, Generally.

b. Requirement[s] For Re-Publication Providing Ample Notice When Substantive Changes To Initial Proposal Occur, This Court's Holding In Matter of Adoption of Regulations, N.J.A.C. 7:27-23, and Matter of Adoption of Amendments to N.J.A.C. 7:27-16.

c. Criteria For Determination As To Whether Agency Action Constitutes Rule-Making Mandating APA Compliance As Defined By Our Supreme Court In Geo. Harms Constr. Co. v. N.J. Turnpike Auth., Doe v. Poritz, and State v. ...


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