Ronald Del Raine, Plaintiff-appellant, v. Frank Nessmith, Administrative Support Officer Uspleavenworth, Defendant-appellee, 67 F.3d 312 (10th Cir. 1995)

Plaintiff, an inmate in federal penitentiary, appeals the district court's dismissal of his complaint for failure to state a claim.

Mr. Del Raine filed this action on March 23, 1995, alleging that Mr. Nessmith, a prison officer, knowingly signed a false incident report, resulting in Mr. Del Raine's being placed in isolation confinement. See I.R. doc. 2. The district court dismissed sua sponte Mr. Del Raine's complaint for failure to state a claim.

We review de novo the district court's dismissal for failure to state a claim. Despite Mr. Del Raine's assertions, a district court may dismiss a claim sua sponte "when it is patently obvious' that the plaintiff could not prevail on the facts alleged." McKinney v. Oklahoma Dept. of Human Services, 925 F.2d 363, 365 (10th Cir. 1991) (quoting Baker v. Director, United States Parole Comm'n, 916 F.2d 725, 727 (D.C. Cir. 1990)). The allegations of wrongdoing in Mr. Del Raine's complaint are inadequate to support his claim that he was denied constitutional due process. Where due process has been afforded, merely alleging that a prison official falsified a report does not state a claim for which relief can be granted. Hanrahan v. Lane, 747 F.2d 1137, 1141 (7th Cir. 1984). The district court relied on the process afforded by the Discipline Committee and Discipline Hearing Officer as providing due process, and Mr. Del Raine has not alleged otherwise. See Wolff v. McDonnell, 418 U.S. 539, 558-63 (1974).

AFFIRMED. We GRANT Mr. Del Raine's motion for leave to proceed on appeal without prepayment of costs or fees. The mandate shall issue forthwith.