James Slack v. Warden

Summary

The United States District Court for the Northern District of Indiana denied James Slack’s habeas corpus petition challenging a prison disciplinary decision. The court held that the disciplinary claims did not affect the fact or duration of his sentence, entered judgment, closed the case, and denied leave to proceed in forma pauperis on appeal.

Holdings

1. A § 2254 habeas petition does not state a proper basis for relief when the challenged prison disciplinary proceeding does not affect the fact or duration of the petitioner's sentence.
2. A certificate of appealability is not required to appeal a decision challenging a prison disciplinary proceeding.
3. Slack may not proceed in forma pauperis on appeal because the court found that an appeal could not be taken in good faith.

Questions Presented

1. Whether a § 2254 habeas petition may provide relief from a prison disciplinary decision that does not affect the fact or duration of the petitioner's sentence.
2. Whether a certificate of appealability is required to appeal a decision challenging a prison disciplinary proceeding.
3. Whether petitioner may proceed in forma pauperis on appeal under 28 U.S.C. § 1915(a)(3).

Disposition

writ_denied