Unpublished Dispositionalphonso Jackson-bey, Plaintiff-appellant, v. Wilmer Osborne; Dale E. Lammers; Robert Atherton; Michaeld. Adams, Defendants-appellees, 848 F.2d 191 (6th Cir. 1988)

Before KEITH and WELLFORD, Circuit Judges, and ODELL HORTON, Chief District Judge.^* 

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and plaintiff's brief, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Plaintiff appeals the dismissal of his complaint filed under 42 U.S.C. § 1983 as frivolous pursuant to 28 U.S.C. § 1915(d). Plaintiff contends that defendants subjected him to disciplinary proceedings for violations of prison rules which were not properly promulgated according to state law. See Martin v. Department of Corrections, 424 Mich. 553, 384 N.W.2d 392 (1986). This appeal was held in abeyance pending this court's decision in McDonald v. Michigan Dep't of Corrections, No. 86-1892 (6th Cir. Mar. 14, 1988), in which the same claim was raised. Upon review a panel of this court summarily affirmed the dismissal of the claim.

We likewise conclude that no federal constitutional question is presented by the alleged failure to properly promulgate prison disciplinary rules under state law. See Walker v. Mintzes, 771 F.2d 920, 932-34 (6th Cir. 1985). Therefore, the judgment of the district court is affirmed pursuant to Rule 9(b) (5), Rules of the Sixth Circuit.