Opinion
No. 3:02cv0038 AS.
March 13, 2002
MEMORANDUM AND ORDER
On January 15, 2002, pro se petitioner, Charles F. Miller, an inmate at the Maximum Control Complex (MCC) in Westville, 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 February 15, 2002, demonstrates the necessary compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982). The petitioner filed a Traverse on March 8, 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. The Attorney General of Indiana has placed before this Court in its Return Exhibits 1 through 9, which the Court has examined and which document a prison disciplinary proceeding had involving this petitioner under MCC 01-10-0065.
There is an easy and quick answer to this case. This prison disciplinary proceeding involved only a written reprimand and 30 days of recreation restriction. Sandin v. Conner, 515 U.S. 472 (1995) is implicated, and Wolff v. McDonnell, 418 U.S. 539 (1974) is not. It is not necessary to go to harmless error as suggested by the Attorney General of Indiana. Sandin answers the question completely without further discussion and provides the basis for this petition to be DENIED, which it is.
IT IS SO ORDERED.