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Williams v. Vose, 95-2245 (1996)

Court: Court of Appeals for the First Circuit Number: 95-2245 Visitors: 6
Filed: Apr. 04, 1996
Latest Update: Mar. 02, 2020
Summary: GEORGE VOSE, ET AL.___________, Stahl and Lynch, Circuit Judges.Robert Williams on brief pro se.in that separate period of segregation.2Consequently, the district court did not err in denying, 2, Williams' discovery requests, all of which sought material, relevant to his due process claims.
USCA1 Opinion









April 4, 1996
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________



No. 95-2245


ROBERT WILLIAMS,

Plaintiff, Appellant,

v.

GEORGE VOSE, ET AL.,

Defendants, Appellees.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Mary M. Lisi, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Stahl and Lynch, Circuit Judges. ______________

____________________

Robert Williams on brief pro se. _______________
Michael B. Grant, Senior Legal Counsel, Rhode Island Department _________________
of Corrections, on Memorandum in Support of Motion for Summary
Disposition, for appellees.


____________________


____________________



Per Curiam. Robert Williams, who is incarcerated __________













in the High Security prison at the Adult Correctional

Institution in Rhode Island, appeals from the district

court's dismissal of his suit against state prison officials

under 42 U.S.C. 1983. We affirm, substantially for the

reasons given in the magistrate judge's report dated July 27,

1995, which the district court adopted as its decision.1 We 1

add only the following comments.

1. The disciplinary board imposed a 30-day period

of punitive segregation on Williams. Thus, Sandin v. Conner, ______ ______

115 S. Ct. 2293 (1995), is controlling, as the district court

recognized, and dismissal of Williams' claim that his

disciplinary hearing was conducted in violation of his due

process rights was correct.2 Although Williams was 2

subsequently reclassified and so apparently endured an

additional period of segregation, he has not asserted any due

process error in the classification proceeding which resulted

in that separate period of segregation. In the absence of

any allegation of constitutional error in the classification

proceeding, the district court had no obligation to consider

whether Williams' subsequent segregation implicated a

constitutional liberty interest.

____________________

1We hereby grant defendants' motion to summarily affirm 1
the judgment below and deny Williams' motion to proceed in
forma pauperis on appeal.

2Consequently, the district court did not err in denying 2
Williams' discovery requests, all of which sought material
relevant to his due process claims.

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2. Contrary to Williams' claim, the testimony

before the magistrate judge on conditions at the Adult

Correctional Institution included testimony on conditions at

the High Security facility.

We affirm the judgment of the district court ___________________________________________________

dismissing appellant's federal claims. See Loc. R. 27.1. We _____________________________________________________________

modify the judgment below to dismiss appellant's state claims _____________________________________________________________

without prejudice. __________________





































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Source:  CourtListener

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