UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

LEVERN HOWARD, ) ) Petitioner, ) ) v. ) No. 2:22-cv-00250-JPH-MJD ) WARDEN, ) ) Respondent. )

ORDER DIRECTING PETITIONER TO SHOW CAUSE

Levern Howard has filed a petition for a writ of habeas corpus challenging her prison disciplinary conviction under prison case no. RTC 22-03-0111. According to the Report of Disciplinary Hearing, she received 60 days of disciplinary segregation, but did not receive a loss of earned credit time or a demotion in credit-earning class. Dkt. 1-1, p. 2. "[I]n all habeas corpus proceedings under

, the successful petitioner must demonstrate that he 'is in custody in violation of the Constitution or laws or treaties of the United States.'" Brown v. Watters,

(7th Cir. 2010) (quoting

(a)). "It is the custody itself that must violate the Constitution. Accordingly, prisoners who are not seeking earlier or immediate release are not seeking habeas corpus relief." Washington v. Smith,

(7th Cir. 2009). In other words, "a habeas corpus petition must attack the fact or duration of one's sentence; if it does not, it does not state a proper basis for relief."

Typically, in the context of prison disciplinary proceedings, this means that in order to be considered "in custody," the petitioner must have been deprived of good-time credits, Cochran v. Buss,

(7th Cir. 2004) (per curiam), or of credit-earning class, Montgomery v. Anderson,

(7th Cir. 2001). When such a sanction is not imposed, the prison disciplinary officials are "free to use any procedures it chooses, or no procedures at all."

. Ms. Howard did not receive a loss of earned credit time or a demotion in credit-earning class. Thus, she is not "in custody," and her petition must be dismissed. Ms. Howard has until August 29, 2022, to show cause why the action should not be dismissed. Failure to meet this deadline will result in dismissal of the action without further warning or ability to show cause. SO ORDERED. Date: 8/9/2022 Sjamu Patrick banter James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: LEVERN HOWARD 240929 ROCKVILLE - CF ROCKVILLE CORRECTIONAL FACILITY Inmate Mail/Parcels 811 West 50 North Rockville, IN 47872