Opinion
No. 3:02cv0099 AS
April 1, 2002
MEMORANDUM AND ORDER
On February 5, 2002, pro se petitioner, James Stone, an inmate at the Indiana State Prison (ISP) in Michigan City, Indiana, filed a petition seeking relief under 28 U.S.C. § 2254. On March 18, 2002, the Attorney General of Indiana representing the respondent, filed a motion to dismiss and response, along with a memorandum, which this Court has examined. On March 28, 2002, the petitioner filed written objections, which the Court has examined. There has been the necessary compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982).
The petitioner is a convicted felon serving a sentence imposed by a court in the State of Indiana. This Court has been presented documentation with regard to a Conduct Adjustment Board (CAB) proceeding involving this petitioner at the ISP, and the Court has also examined that carefully. However, there is one very major problem here. These proceedings commenced on or about September 18, 2001, and this petitioner was charged with threatening another with bodily harm. He was screened, entered a plea of not guilty, requested a lay advocate, and requested an officer and two offender witnesses. The CAB held a hearing and he was sentenced and sanctioned to 27 days of disciplinary segregation which amounted to the time served. No other sanctions were imposed. That sanction simply does not amount to a basis for relief under 28 U.S.C. § 2254. See Sandin v. Conner, 515 U.S. 472 (1995). Sandin is outcome determinative here, and no further discussion needs to be made.
For that reason, there is no basis here for relief under 28 U.S.C. § 2254. Such is now DENIED. IT IS SO ORDERED.