OLIVER v. BUTTS

Filing 3

ENTRY Discussing Petition for Writ of Habeas Corpus - Oliver's request to proceed in forma pauperis is GRANTED. Because Oliver'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. Signed by Judge Tanya Walton Pratt on 8/5/2011.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
DAVID OLIVER,
Petitioner,
vs.
KEITH BUTTS, Superintendent,
Respondent.

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1:11-CV-988-TWP-DKL

Entry Discussing Petition for Writ of Habeas Corpus
This cause is before the court on the petition for a writ of habeas corpus of David
Oliver. Oliver=s request to proceed in forma pauperis is granted.
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. This is an appropriate case for such a disposition.
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. Oliver is confined at an Indiana prison. He seeks
relief from a disciplinary proceeding identified as No. ISR 11-06-0058, wherein he was
sanctioned with a period of time in disciplinary segregation. This sanction was noncustodial. 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 Oliver=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.

IT IS SO ORDERED.
08/05/2011
Date:_____________________

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

Distribution:
David Oliver
DOC #906826
PENDLETON CORRECTIONAL FACILITY
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064