UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

ERIC ANTHONY TILLMAN, JR., ) ) Petitioner, ) ) v. ) No. 2:21-cv-00039-JPH-DLP ) BUREAU OF PRISONS, et al. ) ) Respondents. )

ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT Eric Tillman has filed a petition for a writ of habeas corpus. As a federal prisoner, Mr. Tillman's petition necessarily proceeds under

. Mr. Tillman's petition does not challenge the criminal conviction or sentence for which he is imprisoned. It does not challenge his conviction in a prison disciplinary action that resulted in a loss of good time credit. Indeed, it does not challenge the fact or duration of his sentence in any way. Instead, Mr. Tillman asserts that Lieutenant J. Sims wrongly "put a threat assessment on" him and that his "public safety factor" and security classification are incorrect as a result. Dkt. 1. This makes Mr. Tillman eligible for an unwanted transfer to a different prison.

A prisoner may petition for a writ of habeas corpus to seek either immediate or earlier release from custody. Preiser v. Rodriguez,

, 484–88 (1973). "If a prisoner is not challenging the fact of his confinement, but instead the conditions under which he is being held," habeas corpus is not available to him. Glaus v. Anderson,

, 386 (7th Cir. 2005). A prisoner "requests either a 'quantum change in the level of custody,' which must be addressed by habeas corpus, or 'a different program or location or environment,' which raises a civil rights claim." Jd. at 388 (quoting Graham v. Broglin,

(7th Cir. 1991))."[C]hanges in levels of security within a prison, or changes from one prison to another, .. . cannot be attacked using the habeas corpus statutes.” Bunn v. Conley,

(7th Cir. 2002). Therefore, "it plainly appears from the petition” that Mr. Tillman "is not entitled to relief in the district court.” Rules Governing Section 2254 Cases in the United States District Courts, § 4. Rule 4 therefore requires the court to “dismiss the petition and direct the clerk to notify the petitioner.” Jd. This action is dismissed pursuant to Rule 4 for lack of jurisdiction. The clerk is directed to enter final judgment consistent with this Entry. SO ORDERED. Date: 1/29/2021 S\amnu Patruck lbanlove James Patrick Hanlon United States District Judge Distribution: Southern District of Indiana ERIC ANTHONY TILLMAN, JR. 54952-039 TERRE HAUTE - FCI TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 33 TERRE HAUTE, IN 47808