Opinion
CAUSE NO. 3:20-CV-447-JD-MGG
06-05-2020
CHRISTOPHER A. STANTON, Petitioner, v. WARDEN, Respondent.
OPINION AND ORDER
Christopher A. Stanton, a prisoner without a lawyer, filed a habeas corpus petition attempting to challenge the prison disciplinary hearing (WCC 20-03-94) where he was found guilty of Unauthorized Possession of Food in violation of Indiana Department of Correction offense C-307 on March 24, 2020. ECF 1 at 1. However, he was not sanctioned with the loss of any earned credit time. Id. A prison disciplinary action 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 the duration of his confinement was not lengthened as a result of this prison disciplinary proceeding, this case must be dismissed.
If Stanton wants to appeal this decision, he does not need a certificate of appealability because he is challenging a prison disciplinary proceeding. See Evans v. Circuit Court, 569 F.3d 665, 666 (7th Cir. 2009). However, he may not proceed in forma pauperis on appeal because, pursuant to 28 U.S.C. § 1915(a)(3), an appeal in this case could not be taken in good faith. Nevertheless, if he files a notice of appeal, he may ask the United States Court of Appeals for leave to proceed in forma pauperis by filing a motion with the Circuit Court along with a copy of this order demonstrating that he has already been denied leave to proceed in forma pauperis by the District Court.
For these reasons, the court:
(1) DENIES the habeas corpus petition (ECF 1);
(2) DIRECTS the clerk to enter judgment; and
(3) DENIES Christopher A. Stanton leave to proceed in forma pauperis on appeal.
SO ORDERED on June 5, 2020
/s/ JON E. DEGUILIO
CHIEF JUDGE
UNITED STATES DISTRICT COURT