Harry Clardy v. Edward Levi, Attorney General of the United States, Respondents- Phillip L. Tucker v. Edward Levi, Attorney General of the United States, Respondents

545 F.2d 1241 39 A.L.R.Fed. 798 Harry CLARDY, Petitioner-Appellant, v. Edward LEVI, Attorney General of the United States, et al., Respondents- Appellees. Phillip L. TUCKER, Petitioner-Appellant, v. Edward LEVI, Attorney General of the United States, et al., Respondents- Appellees. Nos. 75-3069, 76-1259. United States Court of Appeals, Ninth Circuit. Nov. 24, 1976. Rehearing and Rehearing En Banc Denied Feb. 1, 1977. Stephen Strong (argued), of Bendich, Stobaugh & Strong, Seattle, Wash., for petitioner-appellant. John S. Obenour, Asst. U.S. Atty. (argued), Tacoma, Wash., for respondents-appellees. Before BROWNING and SNEED, Circuit Judges, and WILLIAMS, * District Judge. SNEED, Circuit Judge: 1 Appellants Harry Clardy and Phillip L. Tucker appeal to this court to set aside the disciplinary measures which officials of the Bureau of Prisons at McNeil Island Federal Penitentiary imposed on them pursuant to administrative convictions of assault on another inmate. 1 They based their appeal, primarily, on their belief that the Administrative Procedure Act, 5 U.S.C. § 551 et seq. (1970) (APA), provides them with procedural rights which they were not afforded. Appellant Tucker…