Rigoberto Felipe Monier v. RONNIE HOLT, Warden, FCI Schuylkill

*Honorable Jane A. Restani, Chief Judge of the United States Court of
International Trade, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
______
No. 06-1050
______
RIGOBERTO FELIPE MONIER,
Appellant
v.
RONNIE HOLT,
Warden, FCI Schuylkill;
THE UNITED STATES OF AMERICA;
THE B.O.P.
Appeal from the
United States District Court for the
Middle District of Pennsylvania
(D.C. No. 05-cv-02062)
District Judge: Honorable Richard P. Conaboy
Submitted Under Third Circuit LAR 34.1(a)
December 11, 2007
Before: SLOVITER, AMBRO, Circuit Judges, and RESTANI *, Judge
(Filed: December 26, 2007)

-- 1 of 2 --

OPINION
RESTANI, Judge.
This is an appeal from a denial of petition for a writ of habeas corpus. Petitioner
Rigoberto Felipe Monier seeks restoration of good time credit and expungement of a
disciplinary report based on deprivation of procedural due process.
The record reveals that Monier received proper advance written notice of the
charges that led to the disciplinary measures challenged here, and there is no assertion
that he did not receive a written decision. Monier also waived his right to representation.
Monier’s complaint is that the initial decision-maker, without consulting an expert,
concluded that handwriting on a threatening note was similar to that of Monier. The
ensuing administrative appeals, which were largely on the same basis, were denied.
Essentially, as the District Court found, the discipline was imposed in accordance
with the requirements of Wolff v. McDonnell, 418 U.S. 539 (1974). The threatening note
itself and another note found in Monier’s locker referencing the target inmate, as well as
the testimony of the target that Monier had problems with him, among other evidence,
provided a factual basis for the finding that Monier threatened another individual with
bodily harm in violation of prison rules.
We will affirm the judgment of the District Court denying the petition for a writ of
habeas corpus.

-- 2 of 2 --