Padgett v. Warden
Filing
4
OPINION AND ORDER: The Court DENIES the amended habeas corpus petition #3 ; DIRECTS the Clerk to enter judgment and close this case; and DENIES Zane T. Padgett leave to proceed in forma pauperis on appeal. Signed by Judge Philip P Simon on 1/27/2025. (Copy mailed to pro se party)(ash)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
ZANE T. PADGETT,
Petitioner,
v.
CAUSE NO. 3:24-CV-975-PPS-APR
WARDEN,
Respondent.
OPINION AND ORDER
Zane T. Padgett, a prisoner without a lawyer, filed an amended habeas petition
challenging a disciplinary decision (ISP-23-9-2829) at the Indiana State Prison in which a
disciplinary hearing officer (DHO) found him guilty of impairment of surveillance
under Indiana Department of Correction Offense 209. He was sanctioned with a loss of
ninety days credit time, but the sanction was suspended and can no longer be imposed.
Pursuant to Section 2254 Habeas Corpus Rule 4, I must dismiss the petition “[i]f it
plainly appears from the petition and any attached exhibits that the petitioner is not
entitled to relief in the district court.”
“[A] habeas corpus petition must attack the fact or duration of one’s sentence; if
it does not, it does not state a proper basis for relief under § 2254.” Washington v. Smith,
564 F.3d 1350, 1351 (7th Cir. 2009). According to the petition, no sanction affecting the
duration of Padgett’s sentence, such as a loss of earned credit time or a credit class
demotion, was imposed. Because Padgett’s claims do not relate to the fact or duration of
his sentence, I cannot grant him habeas relief.
If Padgett wants to appeal this decision, he does not need a certificate of
appealability because he is challenging a prison disciplinary proceeding. See Evans v.
Circuit Court, 569 F.3d 665, 666 (7th Cir. 2009). However, he may not proceed in forma
pauperis on appeal because the court finds pursuant to 28 U.S.C. § 1915(a)(3) that an
appeal in this case could not be taken in good faith.
For these reasons, the Court:
(1) DENIES the amended habeas corpus petition [DE 3];
(2) DIRECTS the Clerk to enter judgment and close this case; and
(3) DENIES Zane T. Padgett leave to proceed in forma pauperis on appeal.
SO ORDERED.
ENTERED: January 27, 2025.
/s/ Philip P. Simon
PHILIP P. SIMON, JUDGE
UNITED STATES DISTRICT COURT
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