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Jones v. Davis, (N.D.Ind. 2002)

United States District Court, N.D. Indiana, South Bend Division
May 28, 2002
No. 3:02cv0064 AS (N.D. Ind. May. 28, 2002)

Opinion

No. 3:02cv0064 AS

May 28, 2002


MEMORANDUM AND ORDER


On January 22, 2002, pro se petitioner, Michael Jones, an inmate at the Indiana State Prison (ISP) in Michigan City, Indiana, filed a petition seeking relief under 28 U.S.C. § 2254. The Response filed on behalf of the respondent by the Attorney General of Indiana on March 15, 2002, demonstrates the necessary compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982). The petitioner filed a Traverse on May 24, 2002, which this Court has carefully examined.

The petitioner is a convicted felon serving a sentence imposed by a court in the State of Indiana. He has been the subject of a prison disciplinary proceeding. This Court has collected relevant authorities in a published opinion in Hoskins v. McBride, 3:01cv0272 AS (N.D.Ind. May 22, 2002). His arguments here seem to be violations of state law, which would implicate Estelle v. McGuire, 502 U.S. 62 (1991). It is required that there be a violations of the Constitution, treaties and laws of the United States. See Bell v. Duckworth, 861 F.2d 169 (7th Cir. 1988), cert. den., 489 U.S. 1088 (1989). Once again, the so-called two hearings argument will not avail this petitioner anything.

There is no basis here for relief under 28 U.S.C. § 2254. Such is now DENIED. IT

IS SO ORDERED.


Summaries of

Jones v. Davis, (N.D.Ind. 2002)

United States District Court, N.D. Indiana, South Bend Division
May 28, 2002
No. 3:02cv0064 AS (N.D. Ind. May. 28, 2002)
Case details for

Jones v. Davis, (N.D.Ind. 2002)

Case Details

Full title:MICHAEL JONES, Petitioner v. CECIL DAVIS, Respondent

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

Date published: May 28, 2002

Citations

No. 3:02cv0064 AS (N.D. Ind. May. 28, 2002)