NEAL v. OLIVER
Filing
3
Entry Directing Further Proceedings - A copy of the petition for writ of habeas corpus challenging No. 2131168 shall be included with the petitioner's copy of this Entry. Based on the fact that notice pleading does not suffice in an action f or habeas corpus relief, the petitioner shall have through July 25, 2012, in which to file an amended petition for writ of habeas corpus. The amended petition shall set forth all the claims he intends to present to and the basis for each. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 7/9/2012.(RSF)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
ROBERT DAVID NEAL,
Petitioner,
vs.
JOHN C. OLIVER,
Respondent.
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2:12-cv-194-JMS-WGH
Entry Directing Further Proceedings
A copy of the petition for writ of habeas corpus challenging No. 2131168 shall
be included with the petitioner’s copy of this Entry.
Based on the fact that notice pleading does not suffice in an action for habeas
corpus relief, see Lloyd v. Van Natta, 296 F.3d 630, 633 (7th Cir. 2002), the
petitioner shall have through July 25, 2012, in which to file an amended petition for
writ of habeas corpus. The amended petition shall set forth all the claims he intends
to present to and the basis for each. See Mayle v. Felix, 545 U.S. 644, 661 (2005)
(AHabeas Corpus Rule 2(c) . . . instructs petitioners to >specify all available grounds
for relief= and to >state the facts supporting each ground.=@). By Aclaims@ it is meant
the recognized principles of law which, as applied to the facts and circumstances of
the challenged proceeding, show that challenged proceeding to have been deficient
or violative of the petitioner=s rights.
In connection with the foregoing, the petitioner is notified of the following. AA
prisoner challenging the process he was afforded in a prison disciplinary proceeding
must meet two requirements: (1) he has a liberty or property interest that the state
has interfered with; and (2) the procedures he was afforded upon that deprivation
were constitutionally deficient.@ Scruggs v. Jordan, 485 F.3d 934, 939 (7th Cir.
2007). The right to due process in this setting is important and is well-defined. Due
process requires the issuance of advance written notice of the charges, a limited
opportunity to present evidence to an impartial decision-maker, a written statement
articulating the reasons for the disciplinary action and the evidence justifying it,
and Asome evidence in the record@ to support the finding of guilt. See Superintend.,
Mass. Corr. Inst. v. Hill, 472 U.S. 445, 454 (1985); Wolff v. McDonnell, 418 U.S. 539,
564, 566, 570-71 (1974); Piggie v. Cotton, 344 F.3d 674, 677 (7th Cir. 2003); Webb v.
Anderson, 224 F.3d 649, 652 (7th Cir. 2000).
IT IS SO ORDERED.
07/09/2012
Date: _________________
Distribution:
Robert David Neal
#15151-180
Terre Haute USP
P.O. Box 33
Terre Haute, IN 47808
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
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