Jones v. Superintendent

Filing 5

OPINION AND ORDER case is DISMISSED WITHOUT PREJUDICE and the Court DENIES the Petition pursuant to Section 2254 Habeas Corpus Rule 4, ***Civil Case Terminated. Signed by Judge Philip P Simon on 5/30/17. (Copy mailed to pro se party)(mlc)

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

)
)
)
)
)
)
)
)
)

CAUSE NO. 3:17-CV-267-PPS-MGG

OPINION AND ORDER
This matter is before the court on the habeas corpus petition filed by Vincent
Jones, a pro se prisoner, attempting to challenge the prison disciplinary hearing where
the Disciplinary Hearing Officer found him guilty of destroying State property. [DE 1
at 1.] As a result, Jones was sanctioned with the loss of 30 days earned credit time and
was demoted from Credit Class 1 to Credit Class 2. [Id.] However, Jones’
administrative appeal was granted, and his charge and conviction was lowered to
refusing to comply with an order. [Id.] His earned credit time and credit class were
restored. [DE 1-1 at 2.] Thus, Jones has not been deprived of a liberty interest 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 the disciplinary sanctions
lengthening the duration of his confinement have already been overturned, 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.
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.
SO ORDERED.
ENTERED: May 30, 2017.

s/ Philip P. Simon
PHILIP P. SIMON, JUDGE
UNITED STATES DISTRICT COURT