Donovan v. United States of America et al

Filing 3

Order: Plaintiff is able to challenge the disciplinary proceeding and seek a declaration of his rights in his habeas action, and this case is DISMISSED. Signed on 03/06/2018 by Judge Michael J. McShane. (jw)(copy of order mailed to plaintiff)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

JERRY LEE DONOVAN,

Case No. 3:18-cv-00199-JR
ORDER

Plaintiff,
v.
UNITED STATES OF AMERICA;
RICHARD IVES, Warden,
Defendants.
_____________________________
MCSHANE, District Judge:
Plaintiff, an inmate at Sheridan Federal Correctional Institution, brings this civil rights
action and requests declaratory relief. Plaintiff did not submit the required $350.00 filing fee for
civil rights cases, and an action may proceed without prepayment of the filing fee only upon a
proper application to proceed in forma pauperis. 28 U.S.C. § 1915(a).
Regardless, plaintiff’s claim must be dismissed. Plaintiff seeks a judgment declaring that
his rights to due process were violated during a prison disciplinary hearing that resulted in the
loss of good time credits. It is well established that a challenge to prison disciplinary proceedings
resulting in the deprivation of good-time credits implicates the duration of confinement and must

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ORDER

be raised in a petition for writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475, 487-88
(1973); see also Edwards v. Balisok, 520 U.S. 641 (1997); Wolff v. McDonnell, 418 U.S. 539
(1974). In fact, plaintiff has filed a federal habeas petition challenging the disciplinary hearing in
Donovan v. Ives, Case No. 3:18-cv-00198-JR.
Accordingly, plaintiff is able to challenge the disciplinary proceeding and seek a
declaration of his rights in his habeas action, and this case is DISMISSED.
IT IS SO ORDERED.
DATED this

6th

day of March, 2018.

s/ Michael J. McShane
Michael J. McShane
United States District Judge

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ORDER