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Boone v. New Jersey Dep't of Corrections

August 24, 2010

ANTHONY BOONE, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.



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

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 22, 2010

Before Judges Carchman and Parrillo.

Appellant Anthony Boone, an inmate presently incarcerated at East Jersey State Prison, appeals from a final decision of the Department of Corrections (DOC) requiring inmates to use carbon paper in the law library and barring the use of such paper in other areas of the prison. We affirm.

DOC determined that carbon paper posed a security threat, and weapons wrapped in carbon paper could potentially be passed through metal detectors undetected. In response, DOC prohibited carbon paper from the security perimeter of the East Jersey State Prison (EJSP). Appellant claimed that this policy violated the New Jersey administrative code and submitted an inmate remedy system form. DOC denied relief because the policy was necessary for prison security and was being implemented state wide. Appellant administratively appealed this decision, claiming that DOC needed to submit a memo when a policy was adopted state wide, and he requested a copy of the memo. In response, DOC reiterated that the bar was based on security concerns but it did permit access to carbon paper in the law library. This appeal followed.

In his briefs filed in support of this appeal, appellant raises the following issues:

THE STATE OF NEW JERSEY DEPARTMENT OF CORRECTIONS HAS PROMULGATED RULES AND REGULATIONS TO GOVERN ALL PRISONS WITHIN THE STATE PURSUANT TO THE NEW JERSEY ADMINISTRATIVE CODE TITLE 10A. AND NO INSTITUTION CAN CHANGE SUCH RULES AND REGULATIONS THAT DISREGARD THE ADMINISTRATIVE PROCEDURE ACT.

A. NEW JERSEY ADMINISTRATIVE CODE TITLE 10A. DEPARTMENT OF CORRECTIONS CHAPTER 6. INMATE ACCESS TO COURTS SUBCHAPTER 2. INMATE LEGAL SERVICES, N.J.A.C. 10A:6-2.9.

B. THE DEPARTMENT HAVE ILLEGALLY IMPLIMENTED [sic] RULES AND REGULATIONS THAT CLEARLY VIOLATES THE REQUIREMENT OF THE NEW JERSEY ADMINISTRATIVE CODE, N.J.A.C. 10A:1-1.2 PROCEDURE TO PETITION FOR RULEMAKING.

C. THE DEPARTMENT HAVE ILLEGALLY IMPLIMENTED [sic] RULES AND REGULATIONS THAT CLEARLY VIOLATES THE REQUIREMENT OF THE NEW JERSEY ADMINISTRATIVE CODE, N.J.A.C. 10A:1-1.5 RULEMAKING ACTIVITY.

D. THE DEPARTMENT HAVE ILLEGALLY IMPLIMENTED [sic] RULES AND REGULATIONS THAT CLEARLY VIOLATES THE REQUIREMENT OF THE NEW JERSEY ADMINISTRATIVE CODE, N.J.A.C. 10A:1-1.6 NOTICE OF A PROPOSED RULE AND OPPORTUNITY TO BE HEARD.

E. THE DEPARTMENT HAVE ILLEGALLY IMPLIMENTED [sic] RULES AND REGULATIONS THAT CLEARLY VIOLATES THE REQUIREMENT OF THE NEW JERSEY ADMINISTRATIVE CODE, N.J.A.C. 10A:1-1.7 CALENDAR OF DEPARTMENTAL RULE ACTIVITY.

F. THE DEPARTMENT KNOWINGLY, PURPOSELY AND INTENTIONALLY VIOLATED ITS OWN RULES AND REGULATION OF EMERGENT RULE EXEMPTION IN ORDER TO AID EAST JERSEY STATE PRISON ILLEGAL, ARBITRARY AND UNCONSTITUTIONAL CLAIMS AND ACTIONS, PURSUANT TO NEW JERSEY ...


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