PETERSON v. SUPERINTENDENT
DAN E PETERSON |
SUPERINTENDENT |
WABASH VALLEY E-FILE (COURT USE ONLY) |
2:2017cv00458 |
September 28, 2017 |
US District Court for the Southern District of Indiana |
Terre Haute Office |
Mark J. Dinsmore |
Jane Magnus-Stinson |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
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Document Text |
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Filing 25 ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT - "The touchstone of due process is protection of the individual against arbitrary action of the government." Wolff, 418 U.S. at 558. Because Mr. Peterson was denied due process in this disciplinary proceeding IYC-16-11-0178, his disciplinary conviction and the sanctions imposed must be vacated and rescinded. Mr. Peterson's petition for a writ of habeas corpus is GRANTED. Mr. Peterso n's good-time credits and credit class must be immediately restored, and his new release date must be calculated accordingly. Insofar as this Order resolves Mr. Peterson's petition, his motion requesting the status of his case, dkt. 22 , is granted. Judgment consistent with this Order shall now issue (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 6/12/2018.(DW) |
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