Morales v. Outlaw

Filing 920090729

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-40992 Summary Calendar July 29, 2009 Charles R. Fulbruge III Clerk

ALEJANDRO MORALES Petitioner-Appellant v. T C OUTLAW, Warden Respondent-Appellee

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:06-CV-88

Before GARZA, PRADO, and ELROD, Circuit Judges. PER CURIAM:* Alejandro Morales, federal prisoner # 14368-179, appeals the district court's dismissal of his 28 U.S.C. § 2241 petition challenging a prison disciplinary proceeding in which the disciplinary hearing officer (DHO) determined that Morales had attempted a sexual assault of a prison counselor. Morales lost 54 days of good conduct time, in addition to other penalties.

Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4.

*

No. 08-40992 Morales contends that the evidence was insufficient to support the decision of the DHO. Morales has not shown that the district court erred by determining that there was "some evidence" in the record to support the DHO's disciplinary decision where that decision was based on the counselor's written report stating that Morales blocked her exit from the office, exposed himself to her in a state of arousal, and refused her orders to leave the office. See Hudson v. Johnson, 242 F.3d 534, 536-37 (5th Cir. 2001). The judgment of the district court is AFFIRMED.

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