Konrath v. Superintendent

Filing 4

OPINION AND ORDER: The petition is DENIED pursuant to Habeas Corpus Rule 4 and the clerk is DIRECTED to close this case. Signed by Judge Theresa L Springmann on 12/7/2016. (lhc)(cc: Konrath)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
GREGORY KONRATH,

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Petitioner,
v.
SUPERINTENDENT,
Respondent.

CAUSE NO.: 3:16-CV-0805-TLS

OPINION AND ORDER
Gregory Konrath, a pro se prisoner, filed a habeas corpus petition challenging the prison
disciplinary hearing (WCC 16-096-309) where a disciplinary hearing officer (DHO) at the
Westville Correctional Facility found him guilty of Counterfeit Documents in violation of B-230
on September 30, 2016. As a result, he was sanctioned with the loss of telephone access for 28
days and placed in restrictive housing for 90 days. He did not lose any earned credit time nor was
he demoted in credit class as a result of this disciplinary hearing. A prison disciplinary hearing 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). Neither the loss of telephone
access nor his placement in restrictive housing lengthened the duration of his confinement.
Therefore habeas corpus relief is not available in this case.
For these reasons, the petition is DENIED pursuant to Habeas Corpus Rule 4 and the clerk
is DIRECTED to close this case.
SO ORDERED on December 7, 2016.
s/ Theresa L. Springmann
THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT
FORT WAYNE DIVISION