Holleman v. Finnan

Filing 4

OPINION AND ORDER dismissing habeas corpus petition, ***Civil Case Terminated. Signed by Judge Allen Sharp on 2/8/07. (smp)

Download PDF
Holleman v. Finnan Doc. 4 case 3:07-cv-00041-AS document 4 filed 02/08/2007 page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ROBERT LEE HOLLEMAN, Petitioner, v. ALLAN FINNAN, Respondent. ) ) ) ) ) ) ) ) ) CAUSE NO. 3:07-CV-41 AS OPINION AND ORDER Robert Lee Holleman, a pro se prisoner, filed this habeas corpus petition attempting to challenge three guilty findings by the Disciplinary Hearing Board ("DHB") at the Westville Correctional Facility in the following cases: WCC 06-060143, WCC 06-06-0095, and WCC 06-06-0093. As a result of those findings, he received the following sanctions: four month disciplinary segregation, one year disciplinary segregation, and three month suspended disciplinary segregation. Only one DHB finding can be challenged in each habeas corpus petition. Regardless, the court will address Mr. Holleman's current petition even though it improperly contains challenges to three DHB findings. Mr. Holleman is challenging his disciplinary segregation. A prison disciplinary proceeding can only be challenged where it results in the lengthening of the duration of confinement. Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003). Disciplinary segregation affects the severity rather than duration of custody, and is therefore not actionable Dockets.Justia.com case 3:07-cv-00041-AS document 4 filed 02/08/2007 page 2 of 2 in a habeas corpus proceeding. Montgomery v. Anderson, 262 F.3d 641, 643 (7th Cir. 2001). If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner. Section 2254 Habeas Corpus Rule 4. For the foregoing reasons, the court DISMISSES the habeas corpus petition. IT IS SO ORDERED. ENTERED: February 8, 2007 S/ ALLEN SHARP ALLEN SHARP, JUDGE UNITED STATES DISTRICT COURT -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?