Opinion
No. 3:02cv0091 AS
April 11, 2002
MEMORANDUM AND ORDER
On February 1, 2002, pro se petitioner, Tommy Tweedy, an inmate at the Miami Correctional Facility (MCF) in Bunker Hill, Indiana, filed a petition seeking relief under 28 U.S.C. § 2254. The motion to dismiss filed on behalf of the respondent by the Attorney General of Indiana on April 4, 2002, demonstrates the necessary compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982). The petitioner filed a response on April 9, 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 has placed before this Court Exhibits 1 through 11 which document the prisoner disciplinary proceedings involving the prisoner at the MCF. The proceedings commenced on or about July 11, 2001, when this petitioner gave a pill to another offender named Prater. This petitioner was charged with a code violation for giving or receiving anything of value. He entered a plea of guilty before a Conduct Adjustment Board (CAB) to the lesser offense of misuse of medication, and was sanctioned with a written reprimand. However, a rehearing was had at the instance of the Superintendent, the respondent, John R. Vannatta. It had something to do with the waiver of a lay advocate. Again, the CAB sanctioned this petitioner to a written reprimand and a loss of recreational facilities for three weeks. The matter went through administrative proceedings which were finally concluded on or about October 29, 2001.
Although not decided by the Attorney General of Indiana, Sandin v. Conner, 515 U.S. 472 (1995) squarely applies here, and precludes any basis for relief presented here by this petitioner. On that basis, the petition before this Court is now DENIED. IT IS SO ORDERED.