Sanchez v. Superintendent

Filing 2

OPINION AND ORDER DENYING 1 Petition for Writ of Habeas Corpus pursuant to Habeas Corpus Rule 4 and the Civil Case is DISMISSED. Signed by Judge Robert L Miller, Jr on 3/3/14. (smp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
ANDRES SANCHEZ,

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Petitioner,
v.
SUPERINTENDENT,
Respondent.

CAUSE NO. 3:14-CV-386 RM

OPINION AND ORDER
Andres Sanchez, a pro se prisoner, filed a habeas corpus petition challenging ISP 1309-61, a prison disciplinary proceeding held at the Indiana State Prison on September 6,
2013, where the Disciplinary Hearing Body (DHB) found him guilty of Threatening in
violation of B-213 and sanctioned him with the loss of commissary for 4 weeks. He didn’t
lose any earned credit time nor was he demoted in credit class. A prison disciplinary action
can only be challenged in a habeas corpus proceeding when it results in the lengthening
of the duration of confinement. Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003). Because
this disciplinary proceeding didn’t result in the lengthening of the duration of Mr.
Sanchez’s confinement, habeas corpus relief isn’t available. Because there is no relief that
Mr. Sanchez can obtain in this habeas corpus proceeding, the petition is DENIED pursuant
to SECTION 2254 HABEAS CORPUS RULE 4 and this case is DISMISSED.
SO ORDERED.
ENTERED: March

3 , 2014

/s/ Robert L. Miller, Jr.
Judge
United State District Court