Smith v. Wilson

Full title: ERIC SMITH, Petitioner, v. WILLIAM WILSON, Respondent

Court: United States District Court, N.D. Indiana, Fort Wayne Division

Date published: Jul 14, 2006

Cause No. 3:06-CV-422-TLS (N.D. Ind. Jul. 14, 2006)

Opinion

Cause No. 3:06-CV-422-TLS.

July 14, 2006

OPINION AND ORDER

THERESA SPRINGMANN, Magistrate Judge

Petitioner Eric Smith submitted a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Petition must be dismissed because the Petitioner did not allege a sanction that is actionable under § 2254. In his petition, Smith says that as a sanction he was placed in disciplinary segregation. He was not demoted to a lower credit time earning class. Smith has no liberty interest in not being placed in segregation. See Higgason v. Farley, 83 F.3d 807 (7th Cir. 1996).

Smith's Petition for Writ of Habeas Corpus must be denied on its face under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, which provides for the dismissal of a petition "[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court." Rules Governing § 2254 Cases, Rule 4; Dellenbach v. Hanks, 76 F.3d 820 (7th Cir. 1996).

For the foregoing reasons, the Court DISMISSES this Petition pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts.

SO ORDERED.