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Dawson v. Exec. Dir. of the Colo. Dep't of Corr.

Court of Appeals of Colorado, First Division

May 22, 2014

James R. Dawson, Jr., Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections and Warden of the Colorado Territorial Correctional Facility, Defendants-Appellees

Fremont County District Court No. 12CV236. Honorable Stephen A. Groome, Judge.

JUDGMENT AFFIRMED.

James R. Dawson, Jr., Pro se.

John W. Suthers, Attorney General, Jacquelynn N. Rich Fredericks, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by JUDGE DUNN. Taubman and Plank[*], JJ., concur.

OPINION

Page 970

DUNN JUDGE

[¶1] Appellant James R. Dawson, Jr., an inmate in the custody of the Colorado Department of Corrections (DOC), appeals from the district court's judgment affirming his prison disciplinary conviction under the DOC's Code of Penal Discipline. We affirm.

I. Background

[¶2] In September 2012, Dawson was assisting another inmate with a legal matter. On his way back to the living unit, Dawson was carrying the other inmate's legal papers, but was not accompanied by the inmate. As a result, prison officials charged Dawson with unauthorized possession, a Class II violation of the Code of Penal Discipline.

[¶3] After a hearing, the hearing officer determined that the legal papers became contraband when Dawson possessed them outside the presence of the inmate to whom the papers belonged. The hearing officer therefore found Dawson guilty of unauthorized possession. Dawson's disciplinary conviction was upheld on administrative review.

[¶4] Dawson challenged his disciplinary conviction in district court under C.R.C.P. 106(a)(4). The district court affirmed the conviction.

II. Discussion

[¶5] Dawson contends that the district court erred in affirming his disciplinary conviction because, in his view, his conduct did not violate the Code of ...


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