Opinion
CAUSE NO. 2:20-CV-235-TLS-JEM
06-23-2020
SHANTI PESHEWA, Petitioner, v. WARDEN, Respondent.
OPINION AND ORDER
Shanti Peshewa, a prisoner without a lawyer, filed a habeas corpus petition challenging his disciplinary sanctions in case ISP 19-04-98 where a Disciplinary Hearing Officer found him guilty of possessing a controlled substance in violation of Indiana Department of Correction policy B-202. ECF No. 1 at 1. However, Peshewa did not lose any earned credit time nor was he demoted in credit class as a result of this disciplinary hearing. ECF No. 1 at 1; 1-1 at 11.
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 Peshewa'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 No. 1] pursuant to Section 2254 Habeas Corpus Rule 4 and the case is DISMISSED WITHOUT PREJUDICE.
SO ORDERED on June 23, 2020.
s/ Theresa L. Springmann
JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT