United States District Court, S.D. Indiana, Terre Haute Division
NICHOLAS A. GULLEY, Petitioner,
PLAINFIELD CORR. FACILITY, Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Judge United States District
petition of Nicholas Gulley for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC 15-09-0285. For the reasons explained in this Entry, Mr.
Gulley's habeas petition must be denied.
in Indiana custody may not be deprived of good-time credits,
Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004)
(per curiam), or of credit-earning class, Montgomery v.
Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001), without
due process. The due process requirement is satisfied with
the issuance of advance written notice of the charges, a
limited opportunity to present evidence to an impartial
decision-maker, a written statement articulating the reasons
for the disciplinary action and the evidence justifying it,
and “some evidence in the record” to support the
finding of guilt. Superintendent, Mass. Corr. Inst. v.
Hill, 472 U.S. 445, 454 (1985); Wolff v.
McDonnell, 418 U.S. 539, 570-71 (1974); Piggie v.
Cotton, 344 F.3d 674, 677 (7th Cir. 2003); Webb v.
Anderson, 224 F.3d 649, 652 (7th Cir. 2000).
The Disciplinary Proceeding
September 27, 2015, Sergeant Mead wrote a Conduct Report
charging Mr. Gulley with trafficking. The Conduct Report
On 9-27-2015 at approximately 2:33 pm, I, Sgt M. Mead
observed through video surveillance the visitation of
Offender Gulley, Nicholas #961671 and Visitor April Sirosky
in the offender visitation room. At approximately 2:33 pm
Offender Gulley, Nicholas #961671, removed a black object
from his mouth and wiped the object on his pants. After a
more extensive review of the visit, it was discovered that at
approximately 2:26pm Sirosky reaches into the left side of
her bra appearing to conceal something in her hand. At
approximately 2:27pm Sirosky is observed opening a Cracker
Jack bag and she appears to be placing something inside the
bag. At approximately 2:32pm, Offender Gulley is observed
taking a black object out of the same Cracker Jack bag and
placing it into his mouth, followed by removing the black
object and wiping it on his pants at approximately 2:33pm. At
approximately 2:36pm a black object is clearly observed in
Offender Gulley's right hand and conceals the package in
his mouth. Offender Gulley was ordered to place his hands
behind, while placing his hands behind his head, he appears
to put a black object in his mouth. The offender was then
escorted out of the visitation room and strip searched.
Offender Gulley was then escorted to HSU for Evaluation then
to RSH where he was placed in yellow-25 on dry cell.
[Filing. No. 10-1 at 1.]
Gulley was notified of the charge on September 29, 2015, when
he received the Screening Report. Mr. Gulley did not request
to call any witnesses, and he only requested the video as
evidence. He plead not guilty to the charge.
summary was prepared and states the following:
On [October 11, 2015], I DHO J. Faudree reviewed the Visit
Room PTZ Camera for an incident that occurred on 9/27/15.
After reviewing the camera I did clearly observe at 2:26:53PM
visit[o]r April Sirosky reach in her shirt with her right
hand. At 2:26:58PM she pulls her right hand out of her shirt.
At 2:27:16PM she picks up a bag of Cracker Jacks. At
2:27:19PM she opens the bag of Cracker Jacks. At 2:27:27PM
she is clearly observed dropping a black object into the
Cracker Jack bag. At 2:27:29PM she gives the bag to Offender
Gulley, Nicholas #961671. At 2:28:17PM Gulley reaches in the
bag with his right ha[n]d. At 2:29:41PM pulls the object out
of the Cracker Jack bag and places it in his mouth. At
2:33:19PM Gulley is clearly observed taking the black object
with his right [hand] and wipe it on his left pant leg. At
2:35:59PM Gulley stands up and turns around. At 2:36:01PM the
black object is clearly observed in Offender Gulley's
right hand. At 2:36:03 the offender raises [h]is hand in an
upward motion to his mouth.
[Filing No. 10-4 at 1.]
hearing was held on October 28, 2015. Mr. Gulley stated that
Ms. Sirosky did not “place anything in the bag.”
[Filing No. 10-5 at 1.] Based on Mr. Gulley's statement,
the staff reports, and the video evidence, the hearing
officer found Mr. Gulley guilty. The hearing officer
recommended and approved the following sanctions:
one-hundred-eighty-day earned-credit-time deprivation and a
credit class demotion.
Gulley appealed to the Facility Head. The Facility Head
modified the offense from trafficking to aiding or abetting
trafficking, but otherwise affirmed the decision. Mr. Gulley
then appealed to the IDOC Final Reviewing Authority, who
denied his appeal. He then ...