Moon v. Warden, No. 3:2018cv00987 - Document 2 (N.D. Ind. 2018)
Court Description: OPINION AND ORDER The habeas corpus petition (ECF 1 ) is DENIED pursuant to Section 2254 Habeas Corpus Rule 4. The clerk is DIRECTED to close the case. Signed by Judge Philip P Simon on 12/10/2018. (Copy mailed to pro se party)(sct)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION CHARLES A. MOON, JR., Petitioner, v. CAUSE NO. 3:18CV987-PPS/MGG WARDEN, Respondent. OPINION AND ORDER Charles A. Moon, Jr., a prisoner without a lawyer, filed a habeas corpus petition challenging the prison disciplinary hearing (WCC 18-08-214) in which a Disciplinary Hearing Officer at the Westville Correctional Facility found him guilty of unauthorized possession/destruction of State property in violation of Indiana Department of Correction policy B-215 on August 22, 2018. ECF 1 at 1. However, he did not lose any earned credit time nor was he demoted in credit class as a result of this disciplinary hearing. ECF 1 at 1, 1-1 at 1. A prison disciplinary hearing can only be challenged in a habeas corpus proceeding where it results in the lengthening of the duration of confinement. Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003). Because this disciplinary hearing did not lengthen the duration of Moon’s confinement, habeas corpus relief is not available in this case. ACCORDINGLY: Petitioner Moon’s habeas corpus petition (ECF 1) is DENIED pursuant to Section 2254 Habeas Corpus Rule 4. The clerk is DIRECTED to close the case. SO ORDERED on December 10, 2018. /s/ Philip P. Simon JUDGE UNITED STATES DISTRICT COURT 2
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