Lee Roy B. Bostic, Jr. v. David Brackney, (Sis)

26 F.3d 129 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lee Roy B. BOSTIC, Jr., Plaintiff-Appellant, v. David BRACKNEY, (SIS), et al., Defendants-Appellees. No. 93-16172. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 9, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Lee Roy B. Bostic, Jr. appeals pro se the district court's summary judgment in favor of prison officials in Bostic's action pursuant to Bivens v. Six Unknown Names Agents, 403 U.S. 388 (1971). Bostic contends that his right to due process was violated when prison officials refused to allow one of Bostic's witnesses to testify at a disciplinary hearing based on their mistaken belief that the witness was unavailable. 1 We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review de novo, Hopkins v. Andaya, 958 F.2d 881, 884 (9th Cir.1992), and we affirm. I. Background 2 3 Bostic was charged with assaulting Reece…