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Metcalf v. Warden

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
Jan 15, 2021
CAUSE NO. 3:21-CV-35-DRL-MGG (N.D. Ind. Jan. 15, 2021)

Opinion

CAUSE NO. 3:21-CV-35-DRL-MGG

01-15-2021

GEORGE METCALF, Petitioner, v. WARDEN, Respondent.


OPINION & ORDER

George Metcalf, a prisoner without a lawyer, filed a habeas corpus petition challenging his disciplinary sanctions in case ISP 20-09-30 where a Disciplinary Hearing Officer found him guilty of using a controlled substance in violation of Indiana Department of Correction policy B-202. ECF 1 at 1. However, Mr. Metcalf did not lose any earned credit time nor was he demoted in credit class as a result of this disciplinary hearing. ECF 1 at 1, 1-1 at 3, 5.

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 Mr. Metcalf's confinement, habeas corpus relief is not available. Accordingly, since there is no relief that he can obtain in this habeas corpus proceeding, the petition will be denied.

For these reasons, the court DENIES the petition (ECF 1) pursuant to Section 2254 Habeas Corpus Rule 4 and the case is DISMISSED WITHOUT PREJUDICE.

SO ORDERED.

January 15, 2021

s/ Damon R . Leichty

Judge, United States District Court


Summaries of

Metcalf v. Warden

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
Jan 15, 2021
CAUSE NO. 3:21-CV-35-DRL-MGG (N.D. Ind. Jan. 15, 2021)
Case details for

Metcalf v. Warden

Case Details

Full title:GEORGE METCALF, Petitioner, v. WARDEN, Respondent.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

Date published: Jan 15, 2021

Citations

CAUSE NO. 3:21-CV-35-DRL-MGG (N.D. Ind. Jan. 15, 2021)

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