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Johnson v. New Jersey Dep't of Corrections

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


November 16, 2010

LARRY JOHNSON, 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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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: November 4, 2010

Before Judges Cuff and Simonelli.

This is a prison disciplinary appeal. Inmate Larry Johnson was charged with threatening another with bodily harm or with any offense against his person or property (*.005), contrary to N.J.A.C. 10A:4-4.1, after a senior corrections officer heard Johnson threaten to kill a K9 dog. The hearing officer found the inmate guilty of the downgraded offense of violation any rule/regulation (.709), contrary to N.J.A.C. 10A:4-4.1, and imposed the following sanction: five days detention, sixty days loss of commutation credit, and thirty days loss of recreational privileges. The Administrator upheld the finding of guilt and the sanction.

On appeal, the inmate argues that the adjudication is not supported by the evidence, and he was denied due process of law.

Having thoroughly reviewed the record, we are satisfied that the final decision of the administrator is supported by sufficient credible evidence in the record, Rule 2:11-3(e)(1)(D), and that the inmate was afforded the process he was due. McDonald v. Pinchak, 139 N.J. 188, 202-03 (1995); Jacobs v. Stephens, 139 N.J. 212, 222 (1995); Avant v. Clifford, 67 N.J. 496, 522 (1975).

Affirmed.

20101116

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