Notice: Seventh Circuit Rule 53(b)(2) States Unpublished Orders Shall Not Be Cited or Used As Precedent Except to Support a Claim of Res Judicata, Collateral Estoppel or Law of the Case in Any Federal Court Within the Circuit.battites Wesley, Plaintiff-appellant, v. Thomas Borgen and Dean Fuller, Defendants-appellees, 953 F.2d 646 (7th Cir. 1992)

Order

Battites Wesley brought this action under 42 U.S.C. § 1983, alleging that prison officials at Waupun Correctional Institution deprived him of due process when they took him off his assigned job in the kitchen and placed him in temporary lock-up status without notice or a hearing in violation of Wis.Admin.Code HSS § 303.11. The district court granted summary judgment for the defendants in reliance on Russ v. Young, 895 F.2d 1149 (7th Cir. 1990), which held that § 303.11 did not give Wisconsin prisoners a liberty interest in remaining out of temporary lock-up.

On appeal Wesley asked us to reexamine Russ, but he advances no new or compelling reason for doing so. Although a recent opinion expresses some skepticism about Russ's emphasis on mandatory language as a "hallmark of a liberty-creating statute," see Smith v. Shettle, 946 F.2d 1250, 1252-53 (7th Cir. 1991), we adhere to its result. See Lomax v. McCaughtry, 731 F. Supp. 1388, 1392 (E.D. Wis. 1990), aff'd, 949 F.2d 398 (7th Cir. 1991); cf. Gilbert v. Frazier, 931 F.2d 1581, 1582 (7th Cir. 1991).

AFFIRMED.