BRISCOE v. KNIGHT
| JAMES D. BRISCOE |
| STANLEY KNIGHT |
| PENDLETON CF (Court Use Only) |
| 1:2017cv00496 |
| February 15, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| Jane Magnus-Stinson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
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Entry Discussing Habeas Petition and Directing Further Proceedings - Before the Court is petitioner James Briscoe's petition for a writ of habeas corpus challenging a prison disciplinary proceeding identified as No. IYC-16-11-0009. In that pr oceeding, Mr. Briscoe was found guilty of Possession of a Cell Phone. One of his claims is that he was denied the ability to defend himself against the charges, which violated his due process rights. Although it appears that Mr. Briscoe's due process right to notice of the charges against him was violated, because neither party adequately addressed this issue, this action shall proceed as follows. The respondent has through November 27, 2017, in which to either: (1) file a supplementa l brief addressing the issue of notice and withholding the confidential investigation report that specifically confronts the above authorities and assessment of the record; or (2) vacate the disciplinary sanctions against Mr. Briscoe and set the d isciplinary matter for re-hearing after adequate notice of the charge is given. If the respondent chooses to file a supplemental brief, the petitioner will have twenty-one days (21 days) from the date the brief is filed in which to file a supplemental reply brief. If the respondent vacates the sanctions, the respondent shall notify the Court by way of a motion to dismiss this action as moot. (See Entry). Signed by Judge Jane Magnus-Stinson on 10/27/2017.(APD)
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