Jonathan Rodriguez-Ruiz v. Becky Clay

Filing

UNPUBLISHED OPINION FILED. [16-30833 Affirmed] Judge: CES, Judge: EBC, Judge: LHS. Mandate pull date is 08/14/2017 [16-30833]

Case: 16-30833

Document: 00514047226

Page: 1

Date Filed: 06/23/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-30833
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 23, 2017
Lyle W. Cayce
Clerk

JONATHAN RODRIGUEZ-RUIZ,
Petitioner-Appellant
v.

BECKY CLAY, Warden, Federal Correctional Institution Oakdale,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:16-CV-496
Before STEWART, Chief Judge, and CLEMENT and SOUTHWICK, Circuit
Judges.
PER CURIAM: *
Jonathan Rodriguez-Ruiz, federal prisoner # 44015-177, appeals the
denial of his 28 U.S.C. § 2241 habeas petition challenging his disciplinary
conviction for engaging in or encouraging a group demonstration. He contends
that he was not guilty of the infraction because he acted as a translator for the

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

Case: 16-30833

Document: 00514047226

Page: 2

Date Filed: 06/23/2017

No. 16-30833
other inmates. Rodriguez-Ruiz also claims that the hearing officer violated his
due process rights by denying his request to call witnesses.
The incident report constituted sufficient evidence of the offense because
it detailed how Rodriguez-Ruiz encouraged other inmates to gather around a
prison official. See Hudson v. Johnson, 242 F.3d 534, 536-37 (5th Cir. 2001).
The hearing officer report indicates that Rodriguez-Ruiz was informed of his
right to call witnesses but did not avail himself of the opportunity and, thus,
there was no violation of his due process rights. See Wolff v. McDonnell, 418
U.S. 539, 563-70 (1974).
AFFIRMED.

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