Ruiz v. Superintendent

Filing 2

OPINION AND ORDER: The habeas corpus petition challenging WCC-15-10-0024 1 is DENIED pursuant to SECTION 2254 HABEAS CORPUS RULE 4 and this case is dismissed without prejudice. Signed by Judge Theresa L Springmann on 1/4/2016. (cc: Ruiz)(rmn)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SALVADOR RUIZ,

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Petitioner,
v.
SUPERINTENDENT,
Respondent.

Cause No. 3:15-CV-612-TLS

OPINION AND ORDER
Salvador Ruiz, a prisoner proceeding pro se, filed a habeas corpus petition challenging
WCC-15-10-0024, a prison disciplinary proceeding held at the Westville Correctional Facility.
On October 8, 2015, the Disciplinary Hearing Body found him guilty of attempted deception, in
violation of A-100. 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. (ECF No. 1-1 at 6.) As such,
he has not 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 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 the suspended
sanction is ever imposed, the Petitioner may then file another habeas corpus petition challenging
this hearing.
For these reasons, the Petition [ECF No. 1] is DENIED pursuant to SECTION 2254
HABEAS CORPUS RULE 4 and this case is dismissed without prejudice.
SO ORDERED on January 4, 2016.

s/ Theresa L. Springmann
THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT
FORT WAYNE DIVISION

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