IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-60879

Summary Calendar

BACKARI MACKEY,

Petitioner-Appellant

v.

FEDERAL BUREAU OF PRISONS; BRUCE PEARSON, Warden,

Respondents-Appellees

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 5:09-CV-90

Before DAVIS, DeMOSS, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Backari Mackey, federal prisoner # 21282-001, appeals the denial of his

28 U.S.C. § 2241 petition, which he filed to challenge his disciplinary proceeding. 

Mackey was convicted of use of marijuana and was sanctioned with a 30-day

term of disciplinary segregation, which was suspended pending 180 days of clear

conduct, loss of 40 days of good conduct time, and visitation restrictions. We

review the district court’s legal conclusions de novo; factual findings are

United States Court of Appeals

Fifth Circuit

F I L E D

September 8, 2011

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

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reviewed for clear error. Henson v. U.S. Bureau of Prisons, 213 F.3d 897, 898

(5th Cir. 2000).

Mackey does not challenge the district court’s determination that he

received the required due process protections. See white brief, 1-12. Although

pro se briefs are afforded liberal construction, Haines v. Kerner, 404 U.S. 519,

520 (1972), even pro se litigants must brief arguments in order to preserve them. 

Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Thus, Mackey has

abandoned any challenge to the district court’s determination that he received

the protections mandated by the Due Process Clause. See id.

Mackey’s claims for habeas relief are based on the assertion that prison

officials acted arbitrarily and capriciously by failing to follow certain federal

regulations and Bureau of Prisons (BOP) policy statements. Specifically, he

contends that he is entitled to relief because prison officials (1) failed to comply

with BOP Policy Statement 6060.08 in that they did not mail his urine sample

for testing within 72 hours of collection; (2) failed to investigate the presence of

another inmate’s identification number on his incident report, as required by

BOP Policy Statement 5270.07; (3) failed to record a statement he gave to the

Unit Discipline Committee; (4) improperly referred his case to the Disciplinary

Hearing Officer (DHO) “for appropriate sanctions”; (4) failed to advise him of the

right to challenge the testing process of his urine sample through the

Administrative Remedy Procedure, as required under 28 C.F.R. § 541.14; and (6)

improperly allowed the prison unit’s Case Manager Coordinator to act as the

Alternate DHO.

Collateral relief is not available for failure to comply with the formal

requirements of rules in the absence of any indication that the petitioner was

prejudiced. See Davis v. United States, 417 U.S. 333, 346 (1974) (28 U.S.C.

§ 2255 case). Here, the National Toxicology Laboratories reported that a urine

sample provided by Mackey tested positive for marijuana. Mackey has not

established that there were any defects in the chain of custody as to his urine

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No. 10-60879

sample, nor has he shown that any delay in mailing the sample for testing

affected the results of the laboratory analysis. The evidence of Mackey’s positive

drug test was considered at Mackey’s disciplinary hearing; additionally, Mackey

admitted at the disciplinary hearing that he had smoked marijuana. Given the

positive laboratory test, and Mackey’s admission of guilt, Mackey fails to

establish that any of the alleged violations of federal regulations and/or BOP

policy statements resulted in the required prejudice. See id.

AFFIRMED.

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