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HOWARD v. BUSS

United States District Court, N.D. Indiana, South Bend Division
Aug 27, 2007
CAUSE NO. 3:07-CV-186 WCL (N.D. Ind. Aug. 27, 2007)

Opinion

CAUSE NO. 3:07-CV-186 WCL.

August 27, 2007


OPINION AND ORDER


William Howard, a pro se prisoner, filed this habeas corpus petition attempting to challenge his one year assignment to disciplinary segregation. Placement in disciplinary segregation does not alter the fact or duration of his confinement and therefore can not be challenged in a habeas petition.

State prisoners who want to challenge their convictions, their sentences, or administrative orders revoking good-time credits or equivalent sentence-shortening devices, must seek habeas corpus, because they contest the fact or duration of custody. State prisoners who want to raise a constitutional challenge to any other decision, such as transfer to a new prison, administrative segregation, exclusion from prison programs, or suspension of privileges, must instead employ § 1983 or another statute authorizing damages or injunctions — when the decision may be challenged at all, which under Sandin v. Conner will be uncommon.
Moran v. Sondalle, 218 F.3d 647, 650-651 (7th Cir. 2000) (citations omitted).

If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner.

SECTION 2254 HABEAS CORPUS RULE 4.

For the foregoing reasons, the court DENIES this petition pursuant to Section 2254 Habeas Corpus Rule 4.

SO ORDERED.


Summaries of

HOWARD v. BUSS

United States District Court, N.D. Indiana, South Bend Division
Aug 27, 2007
CAUSE NO. 3:07-CV-186 WCL (N.D. Ind. Aug. 27, 2007)
Case details for

HOWARD v. BUSS

Case Details

Full title:WILLIAM HOWARD, Petitioner, v. ED BUSS, Respondent

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

Date published: Aug 27, 2007

Citations

CAUSE NO. 3:07-CV-186 WCL (N.D. Ind. Aug. 27, 2007)