United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
JANE MAGNUS-STINSON, CHIEF JUDGE.
petition of James Winemiller for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISR 17-03-0049. For the reasons explained in this Entry, Mr.
Winemiller'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
March 8, 2017, Investigator W. C. Peterson wrote a conduct
report charging Winemiller with (A-111/113) attempting to
traffic with someone outside of the facility. The conduct
On March 8, 2017 at approximately 12:00 P.M. I - Mr. W.C.
Peterson Correctional police officer listened to a phone call
Offender Winemiller, James 200037 made to a person he
identified as his grandmother. During the phone call Offender
Winemiller asked his grandmother to get Money Grams in the
amount of one thousand dollars and send them to a person
identified as Thomas L. Morgan in Shelbyville.
Offender Winemiller also asked his Grandmother to purchase
three Paypal cards in the amount of one hundred dollars each
and four Paypal cards in the amount of fifty dollars each.
Winemiller directed his grandmother to have the numbers of
the Money Grams ready to give to him when he - (Winemiller)
called her back later in the day. The above referenced call
was placed by Offender Winemiller on March 3, 2017 at
approximately 9:02 A.M.
March 16, 2017, Winemiller was notified of the charge
(A-111/113) attempting to traffic. During his screening,
Winemiller pleaded not guilty. He requested a lay advocate,
and an advocate was later appointed. He did not waive his
right to 24 hours' advance notice of the disciplinary
hearing. Winemiller requested a statement from Peterson, but
that request was denied as repetitive because Peterson was
the author of the conduct report. Winemiller also requested a
written summary of the phone call, but that request was
denied as unnecessary because the call was sufficiently
described in the conduct report. The screening report noted a
mental health code of D, and the DHO reviewed a confidential
email regarding Winemiller's mental health status in
relation to his actions in this case.
March 22, 2017, a disciplinary hearing was held in case ISR
17-03-0049. Winemiller pleaded not guilty and provided the
following statement: “I believe this is one case it
should be dropped down to a 220. I did call 4 times however I
did get something on the last phone call only received
anything.” The DHO found Winemiller guilty of
(A-111/113) attempting to traffic.
March 23, 2017, Winemiller filed a first-level appeal to the
head of the facility, which was denied on April 24, 2017. On
April 24, 2017, Winemiller filed a second-level appeal. His
second-level appeal was denied on May 10, 2017. However, on
August 18, 2017, the final reviewing authority reconsidered
Winemiller's second-level appeal. As a result,
Winemiller's disciplinary conviction was reduced to a
B-220/240 attempting to engage in an unauthorized financial
transaction, and his sanctions were similarly reduced.
challenges the disciplinary action against him arguing that
the evidence is insufficient to support the conviction and
that he was improperly charged multiple times for one