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RICHARDS v. DRETKE

No. 03-21067.

394 F.3d 291 (2004)

Danny RICHARDS, Petitioner-Appellee, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 14, 2004.

Attorney(s) appearing for the Case

Danny Richards, Gatesville, TX, pro se.

Gretchen Berumen Merenda, Asst. Atty. Gen., Austin, TX, for Respondent-Appellant.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.

GARWOOD, Circuit Judge.

Doug Dretke, Director of the Texas Department of Criminal Justice, Correctional Institutions Division, appeals a district court judgment granting a petition for writ of habeas corpus by inmate Danny Richards (Richards). The judgment vacated a guilty finding against Richards in a prison disciplinary hearing. We conclude that there is some evidence to support the disciplinary decision, and accordingly reverse the district court's judgment.

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