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BROWN v. BRAXTON

No. 03-6763.

373 F.3d 501 (2004)

Demarcus M. BROWN, Petitioner-Appellant, v. Daniel BRAXTON, Warden, Red Onion State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2004.

Attorney(s) appearing for the Case

ARGUED: Charles E. Luftig, Third Year Law Student, Appellate Litigation Clinic, University Of Virginia School of Law, Charlottesville, Virginia, for Appellant. Susan Foster Barr, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Neal L. Walters, Charlottesville, Virginia, for Appellant. Jerry Walter Kilgore, Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge GREGORY joined.

OPINION

WILKINSON, Circuit Judge:

DeMarcus M. Brown, an inmate incarcerated at Red Onion State Prison in Pound, Virginia, was found guilty at a prison disciplinary hearing of assaulting a fellow inmate, Johnnie Lee Beavers. The officer in charge of the hearing denied Brown's request to call Beavers as a witness, but allowed Brown to submit...

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