Falasha Mansa Musa Amen-ra, Petitioner-appellant, v. Herbert R. Tillery, Colonel; Steven Spataro, Lt. Col.,assistant Commandant; Jeffery L. Newton, Major;william Palmer, Major and John E.miller, Lt. General, Postcommander, Respondents-appellees, 83 F.3d 431 (10th Cir. 1996)

KELLY, Jr.

Mr. Amen-Ra appeals from the denial of his petition for a writ of mandamus seeking to compel the Commandant of the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to remove an unfavorable Observation Report from his records. Mr. Amen-Ra disputed the substance of the report, and was told by prison authorities that his administrative due process was limited to notice of the report and an opportunity to submit matters in rebuttal. I R. doc. 2, attach. C. So that he could exonerate himself, he contends that the matter should have been handled through a trial by court-martial or an appearance before a Discipline or Adjustment Board, rather than as an Incident Observation Report for minor infractions. We disagree and note that Mr. Amen-Ra has been accorded all process due under the circumstances and whether to prefer more severe charges lies in the discretion of the military prison authorities, not the district court. See Schulke v. United States, 544 F.2d 453, 455 (10th Cir. 1976) (per curiam).

AFFIRMED. We GRANT Mr. Amen-Ra's Motion for Leave to Proced on Appeal Without Prepayment of Costs or Fees. The mandate shall issue forthwith.