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Ashley v. Superintendent

United States District Court, N.D. Indiana, South Bend Division
Jan 12, 2010
CAUSE NO. 3:09-CV-593 RM (N.D. Ind. Jan. 12, 2010)

Opinion

CAUSE NO. 3:09-CV-593 RM.

January 12, 2010


OPINION AND ORDER


Troy Ashley, a pro se prisoner, filed a habeas corpus petition pursuant to 28 U.S.C. § 2254 attempting to challenge a prison disciplinary proceeding. Under Rule 4 of the Rules Governing Section 2254 Cases, district courts are obligated to review a habeas corpus petition and dismiss it if "it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief. . . ."

In his petition, Mr. Ashley states that in disciplinary proceeding WCC-09-08-0248, he was found guilty of refusing an assignment and punished with two hours of extra work duty. (DE 1 at 1.) The documents he attaches to his petition also show that his punishment consisted of extra work duty. (DE 1-2.) Because Mr. Ashley's punishment didn't lengthen the duration of his confinement, he can't challenge the disciplinary proceeding in a habeas petition. See Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003); Moran v. Sondalle, 218 F.3d 647, 650-51 (7th Cir. 2000).

For the foregoing reasons, the habeas petition (DE 1) is DISMISSED.

SO ORDERED.


Summaries of

Ashley v. Superintendent

United States District Court, N.D. Indiana, South Bend Division
Jan 12, 2010
CAUSE NO. 3:09-CV-593 RM (N.D. Ind. Jan. 12, 2010)
Case details for

Ashley v. Superintendent

Case Details

Full title:TROY ASHLEY, Petitioner v. SUPERINTENDENT, Respondent

Court:United States District Court, N.D. Indiana, South Bend Division

Date published: Jan 12, 2010

Citations

CAUSE NO. 3:09-CV-593 RM (N.D. Ind. Jan. 12, 2010)