FILED

NOT FOR PUBLICATION OCT 04 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JAIRO FERNANDO MIER-CARDENAS, No. 09-16836

Petitioner - Appellant, D.C. No. 1:09-cv-00209-LJO

v.

MEMORANDUM *

NEIL H. ADLER, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding

Submitted September 13, 2010 **

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

Federal prisoner Jairo Fernando Mier-Cardenas appeals pro se from the

district court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have

jurisdiction under 28 U.S.C. § 2253, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Mier-Cardenas challenges a disciplinary decision in which he was found

guilty of possession, manufacture, or introduction of a hazardous tool. He

contends that he did not receive adequate notice of the charges. This contention

fails because Mier-Cardenas was provided with enough information about the

factual basis for the charge “to enable him to marshal the facts and prepare a

defense.” Wolff v. McDonnell, 418 U.S. 539, 564 (1974).

Mier-Cardenas also contends that the hearing officer’s decision was not

supported by the evidence. “Some evidence” supports the prison disciplinary

decision. Superintendent v. Hill, 472 U.S. 445, 454 (1985).

AFFIRMED.

2 09-16836