ALEXANDER THOMAS v. DEPARTMENT OF CORRECTIONS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4704-04T54704-04T5

ALEXANDER THOMAS,

Appellant,

vs.

DEPARTMENT OF CORRECTIONS,

Respondent.

__________________________________

 

Submitted: March 20, 2006 - Decided April 3, 2006

Before Judges Cuff and Parrillo.

On appeal from a Final Decision of the Department of Corrections.

Alexander Thomas, appellant pro se.

Zulima V. Farber, Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Christopher C. Josephson, Deputy Attorney General, on the brief).

PER CURIAM

This is a prison disciplinary appeal. Inmate Alexander Thomas appeals from a finding that he committed prohibited act .256, refusing to obey an order of any staff member in violation of N.J.A.C. 10A:4-4.1. The specific order was to cut his fingernails. The hearing officer recommended sanctions of fifteen days detention, ninety days of administrative segregation (sixty days suspended), and referral to the Administrator for sixty days loss of commutation time. The inmate appealed and the Administrator upheld the guilty finding but modified the sanctions to seven days detention, thirty days loss of commutation time and ninety days of administrative segregation with sixty days suspended.

On appeal, the inmate contends that the proceedings violated his due process rights. He also argues that the finding of guilt is not supported by substantial evidence.

We have carefully reviewed the record in light of the arguments presented by the inmate. We are satisfied that Thomas received all of the process he was due, McDonald v. Pinchak, 139 N.J. 188 (1995); Jacobs v. Stephens, 139 N.J. 212 (1995); Avant v. Clifford, 67 N.J. 496 (1975), and that the finding of guilt of refusal to cut his fingernails is well-supported by substantial credible evidence in the record. The order is, therefore, affirmed. R. 2:11-3(e)(2)(D)(E).

 
Affirmed.

(continued)

(continued)

2

A-4704-04T5

April 3, 2006