PINKSTON v. WARDEN
| JAMES EARL PINKSTON |
| WARDEN |
| 1:2018cv03168 |
| October 11, 2018 |
| US District Court for the Southern District of Indiana |
| Tanya Walton Pratt |
| Doris L Pryor |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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This docket was last retrieved on November 27, 2018. A more recent docket listing may be available from PACER.
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| Filing 8 ENTRY - GRANTING #7 MOTION FOR COURT ASSISTANCE. Petitioner James Pinkston's motion for court assistance seeks clarification as to whether he may refile his petition for a writ of habeas corpus to challenge his prison disciplinary conviction because it resulted in the loss of his prison job and the imposition of other sanctions. Mr. Pinkston's motion for court assistance, Dkt. #7 , is granted insofar as the Court provides the following clarification. The law only permits this Court to grant writs of habeas corpus to relieve prisoners from disciplinary sanctions if they affect the fact or duration of the prisoner's sentence. The only disciplinary sanctions that affect the fact or duration of a prisoner's sentence and affect the rights protected by the writ of habeas corpus are deprivations of good-time credits and demotions in credit-earning class. Although Mr. Pinkston has been assessed several sanctions as consequences of his disciplinary conviction, none of them have deprived him of good-time credits or demoted him in credit-earning class. Accordingly, he may not challenge them through a habeas petition. Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 11/27/2018. (NAD) |
| Filing 7 MOTION for Court Assistance, filed by Petitioner JAMES EARL PINKSTON. (Attachments: #1 Envelope)(NAD) |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by JAMES EARL PINKSTON. (Attachments: #1 Envelope)(NAD) |
| Filing 5 ***PLEASE DISREGARD ISSUED IN ERROR**JOINT CONSENT to Jurisdiction to US Magistrate Judge by JAMES EARL PINKSTON. (Attachments: #1 Envelope)(NAD) Modified on 11/15/2018 (NAD). |
| Filing 4 FINAL JUDGMENT - The Court now enters FINAL JUDGMENT. James Pinkston's petition for a writ of habeas corpus is denied, and the action is dismissed. Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 10/24/2018.(NAD) |
| Filing 3 ENTRY DISMISSING PETITION FOR WRIT OF HABEAS CORPUS - James Pinkston's petition for a writ of habeas corpus challenges his conviction in a prison disciplinary proceeding identified as NCF-18-06-0023. Mr. Pinkston's petition and the documents attached to it indicate that he was not deprived of credit time or demoted in credit class as a consequence of his disciplinary conviction. Dkt. 1, Dkt. 1-1. Therefore, his petition does not challenge his "custody" for purposes of 2254, and his petition for a writ of habeas corpus is denied pursuant to Rule 4. Judgment consistent with this entry shall now issue. (See Entry.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 10/24/2018.(NAD) Modified on 10/24/2018 (NAD). |
| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAC) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by JAMES EARL PINKSTON. (No fee paid with this filing). (Attachments: #1 Exhibits, #2 Envelope). (MAC) |
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| Petitioner: JAMES EARL PINKSTON | |
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| Respondent: WARDEN | |
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