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Miksch v. Superintendent

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
May 3, 2017
Case No. 3:17-CV-330 JD (N.D. Ind. May. 3, 2017)

Opinion

Case No. 3:17-CV-330 JD

05-03-2017

JOHN MIKSCH, Petitioner, v. SUPERINTENDENT, Respondent.


OPINION AND ORDER

John Miksch, a pro se prisoner, filed a habeas corpus petition challenging WVD 16-04-057, a prison disciplinary proceeding held at the Wabash Valley Correctional Facility on April 18, 2016, where a disciplinary hearing officer found him guilty of conspiracy/aiding in the destruction of State property in violation of B-240/215. As a result, he was sanctioned with a written reprimand. ECF 1-1 at p. 4. Notably, though, he did not lose any earned credit time nor was he demoted in credit class as a result of this disciplinary hearing. ECF 1 at p. 1; ECF 1-1 at p. 4. 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). Because this hearing did not lengthen the duration of his confinement, habeas corpus relief is not available in this case.

For these reasons, the petition (DE 1) is DENIED pursuant to Habeas Corpus Rule 4.

SO ORDERED.

ENTERED: May 3, 2017

/s/ JON E. DEGUILIO

Judge

United States District Court


Summaries of

Miksch v. Superintendent

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION
May 3, 2017
Case No. 3:17-CV-330 JD (N.D. Ind. May. 3, 2017)
Case details for

Miksch v. Superintendent

Case Details

Full title:JOHN MIKSCH, Petitioner, v. SUPERINTENDENT, Respondent.

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

Date published: May 3, 2017

Citations

Case No. 3:17-CV-330 JD (N.D. Ind. May. 3, 2017)