Rogers v. Superintendent

Filing 4

OPINION AND ORDER: The petition is DENIED pursuant to SECTION 2254 HABEAS CORPUS RULE 4 and this case is DISMISSED WITHOUT PREJUDICE. If in the future the suspended sanction is imposed, then he may file another habeas corpus petition challenging the hearing. Signed by Judge Robert L Miller, Jr on 3/30/2015. (rmc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
KIAUNDRAY ROGERS,
Petitioner,
v.
SUPERINTENDENT,
Respondent.

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CAUSE NO. 3:15-CV-138 RM

OPINION AND ORDER
Kiaundray Rogers, a pro se prisoner, filed a habeas corpus petition challenging WCC
14-11-320, a prison disciplinary proceeding held at the Westville Correctional Facility on
November 19, 2014, in which the Disciplinary Hearing Body found him guilty of
Bribing/Giving in violation of B-233. As a result, he was sanctioned with the loss of 30 days
earned credit time, but the deprivation was suspended and hasn’t been imposed. As such,
he hasn’t yet lost any earned credit time as a result of this hearing. A prison disciplinary
action can only be challenged in a habeas corpus proceeding if 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 his
confinement, habeas corpus relief isn’t available. Because there is no relief that Mr. Rogers
can obtain in this habeas corpus proceeding, the petition is DENIED pursuant to SECTION
2254 HABEAS CORPUS RULE 4 and this case is DISMISSED WITHOUT PREJUDICE. If in the
future the suspended sanction is imposed, then he may file another habeas corpus petition
challenging the hearing.

SO ORDERED.
ENTERED: March 30 , 2015

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