HARRIS v. OLIVER

Filing 8

ENTRY Discussing Selected matters; Any claim based on the asserted violation of Indiana law is insufficient to support the award of the requested relief and is therefore summarily denied. No partial final judgment shall issue at this time as to the claim(s) dismissed in this Entry. Petitioner shall have through 12/5/2012 to supplement his amended petition. (copy to petitioner via US Mail) Signed by Judge Jane Magnus-Stinson on 11/19/2012.(SMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

WILLIAM OSCAR HARRIS,
Petitioner,
vs.
JOHN C. OLIVER,
Respondent.

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2:12-cv-308-JMS-MJD

Entry Discussing Selected Matters
I.
A.
The petitioner seeks relief pursuant to 28 U.S.C. § 2241(c)(3). Any claim
based on the asserted violation of Indiana law is insufficient to support the award of
the requested relief and is therefore summarily denied.
B.
No partial final judgment shall issue at this time as to the claim(s) dismissed
in Part I.A. of this Entry.
II.
A.
Reference is made in the amended petition for writ of habeas corpus to the
prison disciplinary proceeding identified as No. 2114507, wherein the petitioner was
found guilty of violating prison rules by committing attempted extortion. At the
final level of administrative review, the reviewing authority found “a procedural
error” (without specifying the nature of the error) and the appeal was “returned to
the institution for appropriate action (without specifying what such action could or
should be). This action was taken on March 22, 2012, and the amended habeas
petition seeks issuance of a writ which will compel prison authorities to act on what
the petitioner characterizes as a “partial remand.”

B.
The petitioner shall have through December 5, 2012, in which to supplement
his amended petition for writ of habeas corpus by (1) stating whether he initiated
and pursued an administrative grievance pertaining to the failure to properly act on
the partial remand ordered on March 22, 2012, and (2) identifying what steps, if
any, authorities at the prison where he is confined have taken in response to the
partial remand ordered on March 22, 2012, in No. 2114507.
IT IS SO ORDERED.

11/19/2012
Date: __________________
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
William Oscar Harris
#40743-050
Terre Haute FCI
P.O. Box 33
Terre Haute, IN 47808
Office of the United States Attorney
10 West Market Street Suite 2100
Indianapolis, IN 46204-3048