From Casetext: Smarter Legal Research

Weaver v. Superintendent

United States District Court, N.D. Indiana
Mar 19, 2009
CAUSE NO. 3:08-CV-395-TS (N.D. Ind. Mar. 19, 2009)

Opinion

CAUSE NO. 3:08-CV-395-TS.

March 19, 2009


OPINION AND ORDER


Anthony Weaver, a pro se prisoner, filed a Habeas Corpus Petition [DE 1] challenging his 90-day loss of earned credit time. On July 22, 2008, in case number WCA 08-07-0005, the Westville Correctional Facility Disciplinary Hearing Body (DHB) found him guilty of unauthorized possession, destruction, alteration, damage, or theft of State property or property belonging to another in violation of B-215.

The Petitioner presents two claims, both arguing that his hearing was held outside of the time limits set by the Adult Disciplinary Policy of the Indiana Department of Corrections. Violations of prison rules are not a basis for habeas corpus relief because, "[i]n conducting habeas review, a federal court is limited to deciding whether a conviction violated the Constitution, laws, or treaties of the United States." Estelle v. McGuire, 502 U.S. 62, 68 (1991). Because there is no constitutional requirement that a prison disciplinary hearing be conducted within seven days, this claim presents no basis for habeas corpus relief.

Because "it plainly appears from the petition and exhibits that the petitioner is not entitled to relief," this Habeas Corpus Petition [DE 1] must be DENIED pursuant to Rule 4 of the Rules Governing Section 2254 Cases.

SO ORDERED.


Summaries of

Weaver v. Superintendent

United States District Court, N.D. Indiana
Mar 19, 2009
CAUSE NO. 3:08-CV-395-TS (N.D. Ind. Mar. 19, 2009)
Case details for

Weaver v. Superintendent

Case Details

Full title:ANTHONY WEAVER, Petitioner, v. SUPERINTENDENT, Respondent

Court:United States District Court, N.D. Indiana

Date published: Mar 19, 2009

Citations

CAUSE NO. 3:08-CV-395-TS (N.D. Ind. Mar. 19, 2009)