United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
William T. Lawrence, Judge.
petition of Lorenzo Borders for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
WVD 15-04-0003. For the reasons explained in this Entry,
Borders's habeas petition must be
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
April 2, 2015, Officer Jensen issued a Report of Conduct
charging Borders with possession of cellular device. The
Report of Conduct states:
On 4/2/15 at approx. 1016 am I c/o Jensen witnessed offender
Borders, Lorenzo DOC #946042 near cell 104. Offender Borders
then tossed a small device wrapped in shrink wrap under cell
was notified of the charge on April 6, 2015, when he was
served with the Report of Conduct and the Notice of
Disciplinary Hearing (Screening Report). The Screening
Officer noted that Borders wanted to call Offender Keith
Payton, Sergeant Mifflin, and Officer Jensen as witnesses.
Borders also requested the video in front of cell 104
Jensen provided a statement that said, “Offender Payton
pulled out some pictures and that is when Offender Borders
said ‘That is what I passed to him[.]' Offender
Payton then said ‘yes that is what he gave me.' I
c/o Jensen stand by my conduct report.'” Dkt. 10-7.
Mifflin also provided a statement:
I Sgt B. Mifflin during the incident was not present. I
showed up when Offender Payton and Offender Borders were in
the lower shower being strip search[ed] by c/o Jensen.
During this time frame pictures (2 small) were handed over by
Offender Payton. Offender Borders stated that those pictures
is [sic] what he put under the door of Offender Payton.
Offender Payton stated this to be what happened also.
Payton stated, “I don't have nothing to say on his