ARNOLD v. WARDEN

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

KEANDRE ARNOLD, ) ) Petitioner, ) ) v. ) No. 2:21-cv-00392-JPH-MG ) WARDEN, ) POPE, ) BENEFIELD, ) ) Respondents. )

ORDER GRANTING RESPONDENTS' MOTION TO DISMISS THE PETITION FOR A WRIT OF HABEAS CORPUS

Mr. Arnold filed a petition for a writ of habeas corpus challenging a prison disciplinary proceeding, in which he was found guilty. Dkt. 1. He did not cite to a specific discipline case number but noted the incident occurred on August 10, 2021. Id. Respondent moves to dismiss the petition, arguing that the petitioner is not "in custody" for purposes of 28 U.S.C. § 2254 and thus he cannot obtain any habeas relief. Dkt. 7. Mr. Arnold did not respond to the motion. "[I]n all habeas corpus proceedings under 28 U.S.C. § 2254, the successful petitioner must demonstrate that he 'is in custody in violation of the Constitution or laws or treaties of the United States.'" Brown v. Watters, 599 F.3d 602, 611 (7th Cir. 2010) (quoting 28 U.S.C. § 2254(a)). If the sanctions imposed in a prison disciplinary proceeding do not potentially lengthen a prisoner's custody, then those sanctions cannot be challenged in an action for habeas corpus relief. See Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004) (per curiam). Typically, this means that in order to be considered "in custody" for the purposes of challenging a prison disciplinary proceeding, the petitioner must have been deprived of good-time credits, id., or of credit-earning class, Montgomery v. Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001). When such a sanction is not imposed, the prison disciplinary officials are "free to use any procedures it chooses, or no procedures at all." Montgomery, 262 F.3d at 644. Here, Mr. Arnold's sanction included a written reprimand but did not include the loss of good-time credits or a demotion in credit-earning class Dkt. 7-1. Therefore, Mr. Arnold is not "in custody" under § 2254, and Respondent's motion to dismiss, dkt. [7], must be granted. Mr. Arnold's petition for a writ of habeas corpus is dismissed. Final Judgment in accordance with this decision shall now issue. SO ORDERED. Date: 4/20/2022

S\amnu Patruck ltanbove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: KEANDRE ARNOLD Psychiatric Unit NEW CASTLE - CF NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels 1000 Van Nuys Road NEW CASTLE, IN 47362

Frances Hale Barrow INDIANA ATTORNEY GENERAL frances.barrow@atg.in.gov