Konrath v. Superintendent

Filing 6

OPINION AND ORDER DENYING 1 PETITION for Writ of Habeas Corpus filed by Gregory Konrath. Clerk DIRECTED to close this case. Signed by Judge Rudy Lozano on 1/24/17. (cc: Gregory Konrath). (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
GREGORY KONRATH,
Petitioner,
vs.
SUPERINTENDENT,
Respondent.

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CAUSE NO. 3:17-CV-51 RL

OPINION AND ORDER
This matter is before the Court on a habeas corpus petition
filed by Gregory Konrath, a pro se prisoner, in the United States
District Court for the Southern District of Indiana on January
10, 2017, which was transferred here. For the reasons set forth
below, this petition is DENIED and the clerk is DIRECTED to close
this case.

BACKGROUND
Gregory Konrath, a pro se prisoner, filed a habeas corpus
petition challenging the prison disciplinary hearing (WCC 17-010090) where a disciplinary hearing officer (DHO) at the Westville
Correctional

Facility

found

him

guilty

of

Abuse

of

Mail

in

violation of B-361 on January 9, 2017. As a result, he was
sanctioned with the loss of 120 days earned credit time. Konrath
raises only one ground in his petition.

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DISCUSSION
He argues that he was not given 24 hours written notice with
the time, date, and place of the hearing. He argues this violates
State law. However, violations of State law are not a basis for
habeas corpus relief. Estelle v. McGuire, 502 U.S. 62, 68 (1991)
(“In conducting habeas review, a federal court is limited to
deciding whether a conviction violated the Constitution, laws, or
treaties of the United States.”). Konrath also argues that this
violated his due process rights. Though Wolff v. McDonnell, 418
U.S. 539 (1974), requires that an inmate be given 24 hour advance
written notice of the factual basis of the charges against him,
there is no federal constitutional due process right to be told the
time, date, or place of the hearing 24 hours in advance. In this
case, Konrath was notified of the factual basis of the charges
against him on January 6, 2017. (DE 1-1 at 1.) The hearing was held
3 days later on January 9, 2017.

CONCLUSION
For the reasons set forth above, this petition is DENIED and
the clerk is DIRECTED to close this case.
DATED: January 24, 2017

/s/ RUDY LOZANO, Judge
United States District Court

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