JOHNSON v. BORGES et al

Filing 25

ENTRY Dismissing Action. The Court has considered the plaintiff's response, but for the reasons set forth in the Entry of July 16, 2015, the complaint fails to state a claim upon which relief can be granted and this action is dismissed pursuant to 28 U.S.C. § 1915A. Judgment consistent with this Entry shall now issue. Signed by Judge Jane Magnus-Stinson on 2/11/2016. Copy sent to Plaintiff via U.S. Mail. (BGT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MICHAEL K. JOHNSON,
Plaintiff,
v.
LISA F. BORGES, CHRIS HOLLANDER,
TIMOTHY O’CONNELL, CHIEF JUDGE,
INDIANA COURT OF APPEALS,
CHRISTINA KLINEMAN,
Defendants.

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) No. 1:15-cv-0795-JMS-MJD
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Entry Dismissing Action
The complaint in this action was screened in accordance with 28 U.S.C. § 1915A, and the
complaint was dismissed for failure to state a claim upon which relief can be granted. The plaintiff
was given an opportunity to show cause why the action should not be dismissed, and he filed a
response on January 26, 2016.
In this response, the plaintiff continues to allege that Judge Lisa Borges, Attorney Chris
Hollander, Attorney Timothy O’Connell, the Chief Judge of the Indiana Court of Appeals, and
Judge Christina Klineman committed malicious prosecution or failed to prevent him from being
subjected to malicious prosecution. However, his response fails to address the Court’s Entry of
July 16, 2015, that dismissed the complaint.
The plaintiff also attached documents to his response that refer to a disciplinary proceeding.
[dkt. 23-2, pp. 15-35]. To the extent that the conduct report and subsequent disciplinary proceeding
resulted in the deprivation of earned good time credit or a demotion in credit class, his claims must
be dismissed. The settled law in these circumstances is that when a prisoner makes a claim that, if

successful, could shorten his term of imprisonment, the claim must be brought as a habeas petition,
not as a § 1983 claim. Heck v. Humphrey, 512 U.S. 477 (1994).
The Court has considered the plaintiff’s response, but for the reasons set forth in the Entry
of July 16, 2015, the complaint fails to state a claim upon which relief can be granted and this
action is dismissed pursuant to 28 U.S.C. § 1915A. Judgment consistent with this Entry shall
now issue.
IT IS SO ORDERED.
Date: February 11, 2016

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Michael K. Johnson, #973475
Miami Correctional Facility
Inmate Mail/parcels
3038 West 850 South
Bunker Hill, IN 46914