Thrash v. Warden

District Court, N.D. Indiana

Thrash v. Warden

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

RONALD THRASH,

Petitioner,

v. CAUSE NO. 3:20-CV-268-JD-MGG

WARDEN,

Respondent.

OPINION AND ORDER Ronald Thrash, a prisoner without a lawyer, filed a habeas corpus petition challenging a prison disciplinary hearing (ISP 20-01-0286) held on February 12, 2020, where the Disciplinary Hearing Officer (DHO) found him guilty of possessing a controlled substance in violation of Indiana Department of Correction offenses B-202. (ECF 1 at 1.) As a result, he was sanctioned with a demotion in credit earning class, but the sanction was suspended. Id. As such, Thrash has not yet lost earned credit time as a result of that hearing. 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). Here, because this disciplinary hearing did not result in the lengthening of the duration of Thrash’s confinement, habeas corpus relief is not available. Because there is no relief that he can obtain in this habeas corpus proceeding, the petition will be denied. If, in the future, the suspended sanction is imposed, then he may file another habeas corpus petition. For these reasons, the court DENIES the petition pursuant to Section 2254 Habeas Corpus Rule 4 and the case is DISMISSED WITHOUT PREJUDICE.

SO ORDERED on March 25, 2020 /s/JON E. DEGUILIO JUDGE UNITED STATES DISTRICT COURT

Reference

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