Barbour v. Superintendent, No. 3:2008cv00585 - Document 2 (N.D. Ind. 2008)
Court Description: OPINION AND ORDER denying the petition for writ of habeas corpus, ***Civil Case Terminated. Signed by Judge Robert L Miller, Jr on 12/19/08. (sdf)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION CHRISTOPHER BARBOUR, ) ) ) ) ) ) ) ) ) Petitioner v. SUPERINTENDENT, Respondent CAUSE NO. 3:08-CV-585 RM OPINION AND ORDER Christopher Barbour, a pro se prisoner, filed a habeas corpus petition. In it he alleges that the Indiana State Prison Disciplinary Hearing Body punished him by placing him in disciplinary segregation for one year. See DE 1 at 1 and 1-3 at 2. A prison disciplinary action can only be challenged in a habeas corpus proceeding where it results in the lengthening of the duration of confinement. Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003). Placement in segregation does not lengthen the duration of Mr. Barbour s confinement. Therefore, these claims are not actionable in a habeas corpus proceeding. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner. SECTION 2254 HABEAS CORPUS RULE 4. Here, the petition does not present any basis for habeas corpus relief. For the foregoing reasons, this habeas corpus petition is DENIED. SO ORDERED. ENTERED: December 19 , 2008 /s/ Robert L. Miller, Jr. Chief Judge United State District Court
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