BOYD v. BROWN
RUSSELL ERNEST BOYD |
DICK BROWN |
WVCF (Court Use Only) |
2:2015cv00006 |
January 8, 2015 |
US District Court for the Southern District of Indiana |
Terre Haute Office |
Jane Magnus-Stinson |
William G. Hussmann |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Available Case Documents
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Document Text |
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Filing 35 Entry Granting Petition for Writ of Habeas Corpus - The petition of Russell Boyd for a writ of habeas corpus challenges a prison disciplinary proceeding, BTC 13-10-0204, in which he was found guilty of threatening/intimidation. For the reasons expl ained in this entry, Mr. Boyd's habeas petition must be granted. Because Mr. Boyd was denied an impartial decision maker during the disciplinary hearing, his due process rights were violated. Accordingly, his petition for writ of habeas corpu s must be granted. The sanctions imposed in BTC 13-10-0204 must be vacated and rescinded. This ruling does not prevent the respondent from conducting a rehearing on the charge presided over by a different hearing officer. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 8/23/2016.(RSF) |
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