James Evans v. Mark Martin

PER CURIAM: *

Petitioner-Appellant James Evans (“Evans”), an inmate at the Federal Correctional Institution in Beaumont, Texas, filed a pro se petition alleging his due process rights were violated when he was disciplined for possessing a cell phone. Evans claims that the regulation he was charged with violating, 28 C.F.R. § 541.18, which prohibits the “possession, manufacture, or introduction of a hazardous tool,” ran afoul of the Administrative Procedure Act’s notice-and-comment procedures and failed to provide notice of the conduct proscribed. The district court denied Evans’s petition.…