Opinion
No. 3:12 CV 604
12-14-2012
NATHANIEL C. W. JACKSON, Petitioner, v. SUPERINTENDENT, Respondent.
OPINION AND ORDER
Nathaniel C. W. Jackson, a pro se prisoner, filed a habeas corpus petition challenging the finding of guilt in ISF 12-07-116 by the Disciplinary Hearing Body (DHB) at the Putnamville Correctional Facility on July 12, 2012. In response, the respondent has vacated the sanctions imposed and ordered a re-hearing. Thus, this hearing has not lengthened the duration of Jackson's confinement. A prison disciplinary action 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). Therefore, this case must be dismissed. If Jackson is found guilty during his rehearing, he may file a new habeas corpus proceeding challenging that hearing after he has exhausted his administrative appeals.
For the foregoing reasons, this case is DISMISSED.
SO ORDERED.
______________________
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT