ORDER
Indiana prisoner Bobby Henard sought a writ of habeas corpus under 28 U.S.C. § 2254 after prison authorities disciplined him for fighting with a guard. The district court denied relief, and we affirm.
On February 16, 2000, an officer at the Miami Correctional Facility gave Henard a direct order to walk in a different direction through the prison yard, and an altercation between the officer and Henard ensued. Inmate witnesses said that the officer shoved Henard for no reason; the officer claimed that Henard bumped him and then tried to punch him. Guards eventually subdued Henard with mace and took him to the prison medical facility where he was treated by an unidentified nurse. Upon his release prison authorities charged He-nard with battery, and Henard twice succeeded in having guilty determinations by conduct adjustment boards overturned during administrative appeals.
In preparation for a third conduct adjustment hearing, Henard requested that four witnesses testify, including the nurse who treated him after the fight. Henard also asked to have the nurse’s medical report presented at the hearing. Although the board ultimately did not hear the nurse’s testimony or take any medical evidence, it did receive evidence from He-nard’s three other requested witnesses, all of whom observed the fight. The board then found Henard guilty. After prison authorities reduced his punishment on appeal, Henard received one year in segregation, a demotion in credit-earning class,
In the district court, Henard made a number of challenges to the handling of his case, including claims that prison authorities denied him due process by not making the nurse available to testify, by not making the nurse’s report available, and by not explaining the unavailability of either the nurse or her report. On appeal Henard renews his claim that prison authorities should have explained why the nurse did not testify at his hearing. As Henard points out, the Due Process clause gives inmates a right to call witnesses and present documentary evidence at a hearing that might extend their sentences by depriving them of good-time credits. See Wolff v. McDonnell,
Our review of the record does not indicate how the testimonial and documentary evidence requested by Henard related in any way to his case, and Henard has failed to explain why he needed the information. Henard’s disciplinary hearing concerned whether he got into a fight with a prison guard, not whether he suffered injuries as a result of that fight. We therefore have difficulty understanding how the evidence sought by Henard was relevant to his disciplinary hearing at all. See Forbes,
Henard also argues that the district court failed to rule upon his “Motion to Strike” portions of the prison officials’ memorandum of law. Through his motion Henard sought to strike any suggestion by prison authorities that he wanted evidence from the nurse in order to establish a claim of self-defense. But Henard did not explain why he wanted the nurse to testify until prison officials filed their memorandum; given that sequence it was reasonable for prison officials to assert that Henard wanted testimony from the nurse to establish self-defense at his hearing. Nothing in the memorandum contained “redundant, immaterial, impertinent, or
AFFIRMED.
