LONG v. FINNAN

Filing 4

Entry Discussing Petition for Writ of Habeas Corpus - Long's habeas petition shows on its face that he is not entitled to the relief he seeks, the action is summarily DISMISSED pursuant to Rule 4. Judgment consistent with this Entry shall now issue. Long's motion for leave to proceed in forma pauperis (Dkt. No. 2 ) is DENIED AS MOOT.Signed by Judge Tanya Walton Pratt on 7/8/2011.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
COURTNEY LONG,
Petitioner,
v.
ALLAN P. FINNAN,
Respondent.

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No. 1:11-cv-794-TWP-TAB

Entry Discussing Petition for Writ of Habeas Corpus
This cause is before the court on the petition for a writ of habeas corpus of
Courtney Long (Dkt. No. 1).
AFederal courts are authorized to dismiss summarily any habeas petition that
appears legally insufficient on its face.@ McFarland v. Scott, 512 U.S. 849, 856 (1994).
This authority is conferred by Rule 4 of the Rules Governing Section 2254 Cases in
United States District Courts, which provides that upon preliminary consideration by the
district court judge, "[i]f it plainly appears from the face of the petition and any exhibits
annexed to it that the petitioner is not entitled to relief in the district court, the judge shall
make an order for its summary dismissal and cause the petitioner to be notified." See
Small v. Endicott, 998 F.2d 411, 414 (7th Cir. 1993).
A federal court may issue a writ of habeas corpus pursuant to 28 U.S.C. '
2254(a) only if it finds the applicant Ais in custody in violation of the Constitution or laws
or treaties of the United States.@ Id. Long is confined at an Indiana prison and seeks
review of and relief from a disciplinary proceeding in which he was sanctioned with noncontact job restrictions and a higher level security. These sanctions were non-custodial
and therefore are not the type of sanctions which can be challenged in a habeas corpus

petition. See, Mamone v. United States, 559 F.3d 1209 (11th Cir. 2009); Virsnieks v.
Smith, 521 F.3d 707, 713 (7th Cir. 2008). A sanction which does not constitute
Acustody@ cannot be challenged in an action for habeas corpus relief. Cochran v. Buss,
381 F.3d 637, 639 (7th Cir. 2004); Montgomery v. Anderson, 262 F.3d 641, 644-45 (7th
Cir. 2001).
Because Long=s habeas petition shows on its face that he is not entitled to the
relief he seeks, the action (Dkt. No. 1) is summarily dismissed pursuant to Rule 4.
Judgment consistent with this Entry shall now issue. Long’s motion for leave to proceed
in forma pauperis (Dkt. No. 2) is denied as moot.

IT IS SO ORDERED.
07/08/2011
Date:____________________
Distribution:
Courtney Long
DOC #108201
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana