United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
L. Miller, Jr. United States District Judge.
petition of Arcine Cook (“Mr. Cook”) for a writ
of habeas corpus challenges a prison disciplinary proceeding
identified as No. ISF 17-02-0019. For the reasons explained
in this Entry, Mr. Cook'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, 644-445 (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, 570-571 (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 30, 2017, Officer Hylton wrote a Conduct Report
charging Mr. Cook with engaging in an unauthorized financial
transaction. Indiana Department of Prisons Policy 02-04-101
Appendix I defines the charge as:
“Engaging in or possessing materials used for
unauthorized financial transactions. This includes, but is
not limited to, the use or possession of identifying
information of credit cards, debit cards, or any other card
used to complete a financial transaction.”
Conduct Report states:
On 01/30/2017 at approx. 1820 hrs., phone calls were reviewed
in tower #1 by C/O N. Hylton #449. A phone call made by
offender Arcine Cook #249635 does confirm that offender Cook
did engage in an unauthorized financial transaction. The call
was made on 01/22/2017 at 1947 hrs. To 219-359-9117 from 17NB
3. 01:25 Cook: Did you pick up the demo? Female: Yeah. Yeah
Cook: For a cinnam [sic], for a honey bun. Right? Female:
Yeah. Cook: I need 70 of that. 01:37 Female: Oh, no. Cause
you made me late for work man. 01:49 Female: I was like 30,
40 minutes late for work cause I had to leave right then.
Dang I was gonna say like 60/40 at the most, but when I got
so late for work, I'm like, God damn. I might need that
whole half. Cook: I can't give you half of everything
Donna. That's what I'm tell in you. I got bills I
have to pay too. Cook: I can't pay my bills if I'm
giving you half of everything. I gotta pay phone, phone money
and pay my bills. I got a 1200 dollar bill hanging over my
head. Female: Bill for what? You didn't tell me bout no
bill. What you talk in about? Cook: Because I can't talk
on the phone like that. 02:43 Cook: If my cousin gain them,
God damn it, out there on 8th avenue do in what they do in,
shit, they still gotta re-up. 03:32 I'm los in. I have
made 30 dollars fuck in wit you. That's it. 04:15 Cook:
Do the 60/40. Just put it on my books.
Cook was notified of the charge on February 2, 2017, when he
received the Conduct Report. He pleaded not guilty to the
hearing was held on February 9, 2017. Based on Mr. Cook's
statement and the staff reports, the hearing officer found
Mr. Cook guilty of engaging in an unauthorized financial
transaction. The sanctions imposed included sixty-days lost
earned credit time, thirty-days lost phone privileges, and
the imposition of a suspended sanction of thirty-days lost
earned credit time from a prior disciplinary action.
Cook appealed to facility head and the Department of
Correction final reviewing authority. The first appeal was
denied and the second appeal resulted in a modification
removing the imposition of the previously suspended sanction
of thirty days lost earned credit time because it had been
imposed outside the six-month limit provided in facility