Jackson v. Friel

----ooOoo----

Lawrence M. Jackson,
Petitioner and Appellant,

v.

Clint Friel, Warden, Utah State Prison,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020097-CA

F I L E D
May 16, 2002 2002 UT App 170 -----

Third District, Salt Lake Department
The Honorable Timothy R. Hanson

Attorneys:
Lawrence M. Jackson, Draper, Appellant Pro Se
Mark L. Shurtleff and Sharel S. Reber, Salt Lake City, for Appellee

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Before Judges Bench, Davis, and Thorne.

PER CURIAM:

This case is before the court on a sua sponte motion for summary dismissal. See Utah R. App. P. 10(e). Jackson appeals the district court's dismissal of his petition for extraordinary relief filed under Rule 65B of the Utah Rules of Civil Procedure.

It is well established that an inmate is not entitled to programming or employment while incarcerated. See, e.g., Williams v. Meese, 926 F.2d 994, 998 (10th Cir. 1991). Further, the Utah Correctional Industries (UCI) Rules of Participation, signed by Jackson when he entered the program, state that an inmate's participation in the program may be terminated for any reason. Moreover, Jackson was terminated from the program for prison violations when contraband was found in his cell, not for discrimination based on any disability. In fact, UCI and the prison have taken reasonable and necessary actions to accommodate Jackson's health problems.

We therefore grant the sua sponte motion and affirm the district court's dismissal of the petition.
 
 

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Russell W. Bench, Judge
 
 

______________________________
James Z. Davis, Judge
 
 

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William A. Thorne Jr., Judge