HOOVER v. KNIGHT

Filing 8

ENTRY and Notice - Based on further review of Mr. Hoover's petition for writ of habeas corpus, it is apparent that his second and fourth claims assert violations of prison policies and regulations. Such claims, even if factually supported, d o not state a cognizable claim pursuant to 28 U.S.C. § 2254(a), because they rest on asserted violations of state policies and procedures. Those claims the second and fourth claims are therefore dismissed pursuant to Rule 4 of the Rules Gover ning Section 2254 Proceedings in the United States District Courts. No partial final judgment shall issue at this time as to the claims resolved in this Entry. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 4/13/2012.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
JESS HOOVER,

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Petitioner,
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vs.
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STANLEY KNIGHT, Superintendent, )
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Respondent.
)

2:12-CV-42-JMS-WGH

Entry and Notice
Based on further review of Mr. Hoover’s petition for writ of habeas corpus, it
is apparent that his second and fourth claims assert violations of prison policies and
regulations. Such claims, even if factually supported, do not state a cognizable claim
pursuant to 28 U.S.C. § 2254(a), because they rest on asserted violations of state
policies and procedures. Evans v. McBride, 94 F.3d 1062 (7th Cir. 1996); Colon v.
Schneider, 899 F.2d 660, 672-73 (7th Cir. 1990); see also Del Vecchio v. Illinois Dept.
of Corrections, 31 F.3d 1363, 1370 (7th Cir. 1994)(habeas corpus jurisdiction is
limited to evaluating alleged violations of federal statutory or constitutional law),
cert. denied, 516 U.S. 983 (1995). Those claims—the second and fourth claims—are
therefore dismissed pursuant to Rule 4 of the Rules Governing Section 2254
Proceedings in the United States District Courts.
No partial final judgment shall issue at this time as to the claims resolved in
this Entry.
IT IS SO ORDERED.

04/13/2012
Date: _________________

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

Distribution:
Janine Steck Huffman
Office of the Attorney General
[e-mail]
Jess Hoover
DOC #882020
Putnamville - CF
Inmate Mail/Parcels
1946 West U.S. Hwy 40
Greencastle, IN 46135