Boyd v. Superintendent

Filing 3

OPINION AND ORDER: The Court DENIES the 1 Petition for Writ of Habeas Corpus pursuant to SECTION 2254 HABEAS CORPUS RULE 4 and this case is dismissed without prejudice. Signed by Judge Rudy Lozano on 5/19/2015. (cc: Boyd)(rmc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
SHAVON TYVELL BOYD,
Petitioner,
vs.
SUPERINTENDENT,
Respondent.

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CAUSE NO. 3:15-CV-207

OPINION AND ORDER
This matter is before the Court on the Petition under 28
U.S.C. Paragraph 2254 for Writ of Habeas Corpus filed by Shavon
Tyvell Boyd, a pro se prisoner, on May 14, 2015. For the reasons
set forth below, the Court DENIES the petition (DE #1).

BACKGROUND
Shavon Boyd filed a habeas corpus petition challenging WCC 1503-0070, a prison disciplinary proceeding held at the Westville
Correctional Facility. On March 11, 2015, the Disciplinary Hearing
Body (DHB) found him guilty of Abuse of Mail in violation of C-361.
As a result, he was sanctioned with the loss of 30 days earned
credit time, but the deprivation was suspended and has not yet been
imposed. (DE #1 at 1.) As such, he has not yet lost any earned
credit time as a result of this hearing.

DISCUSSION
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. If in the future the suspended sanction is imposed,
then he may file another habeas corpus petition challenging this
hearing.

CONCLUSION
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. (DE #1).

DATED: May 19, 2015

/s/RUDY LOZANO, Judge
United State District Court

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