Opinion
CAUSE NO. 3:18-CV-853-JD-MGG
10-30-2018
BILLY J. LEMOND, Petitioner, v. WARDEN, Respondent.
OPINION AND ORDER
Billy J. Lemond, a prisoner without a lawyer, filed a habeas corpus petition challenging his disciplinary sanctions in case ISF 18-03-0070 where a Disciplinary Hearing Officer (DHO) found him guilty of violation of law (false reporting) in violation of Indiana Department of Correction policy A-100. ECF 1 at 1, ECF 1-1 at 4. As a result, he was sanctioned with the loss of 90 days earned credit time and a one-step demotion in credit class. ECF 1-1 at 9. However, these sanctions were suspended and have not been imposed. ECF 1-1 at 9, 12. As such, Lemond has not yet lost earned credit time nor been demoted in credit class as a result of that hearing.
A prison disciplinary hearing 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). Here, because this disciplinary hearing did not result in the lengthening of the duration of Lemond's confinement, habeas corpus relief is not available. Because there is no relief that he can obtain in this habeas corpus proceeding, the petition will be denied. If, in the future, these suspended sanctions are imposed, then he may file another habeas corpus petition challenging them.
For these reasons, the court DENIES the petition pursuant to Section 2254 Habeas Corpus Rule 4 and the case is DISMISSED WITHOUT PREJUDICE.
SO ORDERED on October 30, 2018
/s/ JON E. DEGUILIO
JUDGE
UNITED STATES DISTRICT COURT