Holmes v Superintendent

Filing 7

OPINION AND ORDER re 1 PETITION for Writ of Habeas Corpus filed by Eric Donnell Holmes. The Petition is DENIED pursuant to Section 2254 Habeas Corpus Rule 4. This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Philip P Simon on 5/22/17. (Copy mailed to pro se party).(cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
ERIC DONNELL HOLMES,
Petitioner,
v.
SUPERINTENDENT,
Respondent.

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CAUSE NO. 2:17CV208-PPS

OPINION AND ORDER
This matter is before the court on the habeas corpus petition filed by Eric Donnell
Holmes, a pro se prisoner. The petition attempts to challenge the prison disciplinary hearing
(ISP 17-04-78) in which the Disciplinary Hearing Officer (DHO) found him guilty of Fighting
in violation of C-372. ECF 1-2 at 3. As a result, Holmes’ commissary privileges were
temporarily suspended. Id. However, he did not lose any earned credit time nor was he
demoted in credit class as a result of this disciplinary hearing. Id. As such, he has not been
deprived of a liberty interest as a result of this hearing.
A prison disciplinary action can only be challenged in a habeas corpus proceeding
where it results in the lengthening of the duration of confinement. Hadley v. Holmes, 341 F.3d
661, 664 (7th Cir. 2003). Here, because this disciplinary proceeding did not result in the
lengthening of the duration of his confinement, habeas corpus relief is not available. Because
there is no relief that he can obtain in this habeas corpus proceeding, the petition will be
denied.

For the reasons set forth above, the court DENIES the petition pursuant to SECTION
2254 HABEAS CORPUS RULE 4 and this case is DISMISSED WITHOUT PREJUDICE.

SO ORDERED.
ENTERED: May 22, 2017.

/s/ Philip P. Simon
Judge Philip P. Simon
United States District Court

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