WILLIAMS v. KNIGHT
| ANTHONY S. WILLIAMS |
| WENDY KNIGHT |
| 1:2021cv02034 |
| July 14, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 9 Letter re [7 and 6] Documents 6 and 7 resent to Mr. Williams (CBU) |
Filing 7
FINAL JUDGMENT -The Court having this day made its Order directing the entry of final judgment, the Court now enters FINAL JUDGMENT. The petition for a writ of habeas corpus challenging prison disciplinary case number CIC 21-05-0066 is dismissed for lack of jurisdiction. Signed by Judge Jane Magnus-Stinson on 8/12/2021. Copied Mailed to Petitioner Via U.S. Mail(CKM)
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Filing 6
ORDER DISMISSING HABEAS PETITION AND DIRECTING FINAL JUDGMENT; Petitioner Anthony Williams, an Indiana Department of Correction inmate, filed his petition for a writ of habeas corpus under 28 U.S.C. 2254, challenging prison disciplinary conviction CIC 21-05-0066, on July 14, 2021. Dkt. 1. The Court reviewed Mr. Williams' petition and dismissed it for lack of jurisdiction pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. See dkt. 3. Mr. Williams' petition indicates that the sanctions imposed were a "change in work assignment (90) days [and] written reprimand[.]" Dkt. 1 at 1. Mr. Williams was permitted an opportunity to show cause by August 10, 2021, why final judgment should not be entered. Dkt. 3 at 2.On August 9, 2021, Mr. Williams filed a motion for continuance, dkt. #5 , requesting an extension of time to show cause. Mr. Williams' motion includes supporting documents related to the disciplinary proceeding, including the conduct, screening, and disciplinary hearing reports and his appeal--none of which were included with his petition. See dkt. 5-1. It is evident from the disciplinary hearing report that Mr. Williams only received "non-grievous" losses of a written reprimand and a change in work assignment. Id. at 3. Mr. Williams did not receive a sanction of a loss of earned credit time or a demotion in credit earning class and is therefore not "in custody" under 2254 as a result of the disciplinary case. See Cochran v. Buss, 381 F.3d 637, 639 (7th Cir.2004) (per curiam); Montgomery v. Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001). As the Court discussed in its Order of July 19, 2021, "a habeas corpus petition must attack the fact or duration of one's sentence; if it does not, it does not state a proper basis for relief." See Washington v. Smith, 564 F.3d 1350, 1350 (7th Cir. 2009). Accordingly, the Court lacks jurisdiction to grant any type of habeas corpus relief, and the petition for a writ of habeas corpus is dismissed. Any further argument to show cause would be futile, and thus, Mr. Williams' motion for continuance, dkt. #5 , is denied. Final judgment consistent with this Order and the Order of July 19, 2021, dkt. 3, shall now enter. Signed by Judge Jane Magnus-Stinson on 8/12/2021. Copied Mailed to Petitioner Via U.S. Mail (CKM)
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| Filing 8 RESPONSE re #3 Order, filed by Petitioner ANTHONY S. WILLIAMS. (CKM) |
| Filing 5 MOTION for Continuance, filed by Petitioner ANTHONY S. WILLIAMS. (Attachments: #1 Exhibits, #2 Envelope)(CBU) |
| Filing 4 CONSENT to Jurisdiction to US Magistrate Judge by ANTHONY S. WILLIAMS. (Attachments: #1 Envelope)(CBU) |
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Filing 3
ORDER DISMISSING PETITION AND DIRECTING PETITIONER TO SHOW CAUSE. The petition for a writ of habeas corpus is dismissed for lack of jurisdiction pursuant to Rule 4. No later than August 10, 2021, the petitioner shall show cause why final judgment should not be entered and this action closed. The failure to respond to this show cause order will result in the entry of final judgment without further notice. Copy to Petitioner via U.S. Mail. Signed by Judge Jane Magnus-Stinson on 7/19/2021. (MAC)
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| Filing 2 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ANTHONY S. WILLIAMS. (Filing fee $5.00, receipt number IP074903) (Attachments: #1 Envelope)(DJH) |
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| Petitioner: ANTHONY S. WILLIAMS | |
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| Respondent: WENDY KNIGHT | |
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