United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
William T. Lawrence, Judge
petition of Justin Coates for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
CIC 15-01-0158. For the reasons explained in this Entry,
Coates' 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
January 16, 2015, Internal Affairs (IA) Officer Mavis Grady
wrote a Report of Conduct in case CIC 15-01-0158 (dkt. 12-1,
Ex. A). The conduct report states:
Based on the evidence collected in this investigation,
Offender Coates, Justin #119558 forged another offender's
name on a InTouch Commissary order form and had this order
sent to the home of Danyale Joyce at 1127 S. Lincoln St.,
Evansville, IN. This commissary order was placed on Dec. 15,
Offender Coates violated the Adult Disciplinary Code Class-A
Violation of any Federal, State or Local Law. Indiana
Criminal Code 35-43-5-3.8 Synthetic Identity Deception - (a)
a person who knowingly or intentionally obtains, possess,
transfers, or uses the synthetic identifying information: (2)
with intent to assume another person's identity.
Officer Grady also wrote a report of investigation of
incident which elaborated:
On January 12, 2015, I Investigator Mavis Grady looked into a
matter where an offender stated the [sic] did not place an In
Touch Commissary order in December. After reviewing the
information provided to me by Pen Products there was a
$370.34 order made and sent to Danyale Joyce at 1127 S.
Lincoln Park Ln, Evansville, IN 47714. Ms. Joyce received
this order by way of UPS on December 22, 2014.
Offender Justin Coates #119558 is the only offender at CIF
who has Ms. Joyce on his visiting list and phone list. While
listening to Offender Coates phone call to Ms. Joyce dated
12/23/14 at 21:47, Offender Coates asks Ms. Joyce if she got
all that shit. Offender Coates and Joyce discussed the 4 big
and 2 small teddy bears she received. Offender Coates told
Ms. Joyce that the gifts cost him $400 but he received a
discount. On a earlier date before Ms. Joyce received the
InTouch order, on 12/19 at 15:05 Offender Coates tells Ms.
Joyce to expect a big package.
A review of the inmate's account who's name was
forged shows $370.34 was taken out of his account for this
commissary order. There were no funds in this amount taken
out of Offender Coates inmate account.
Based on the documentation received and [t]he phone
conversations between Offender Justin Coates and Ms. Danyale
Joyce, Offender Coates violated IC 35-43-5-3.8-(A) A person
who knowingly or intentionally obtains, possesses, transfers
or uses the synthetic identifying information: (2) with
intent to assume another person's identity. By using
another person's ...