United States District Court, S.D. Indiana, Terre Haute Division
JIMMY D. JONES, Petitioner,
RICHARD BROWN, Respondent.
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge.
petition of Jimmy D. Jones for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
WVE 13-10-0001. For the reasons explained in this Order, Mr.
Jones'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, 2013, Victoria Lloyd wrote a Conduct Report
charging Mr. Jones with A-111/113, conspiracy to traffic.
Dkt. No. 9-1 at 1. The Conduct Report states:
On 09/27/2013, routine opening of mail was made of mail going
to Jimmy Jones 891782[.] Concealed within the mailed material
I found the below listed contraband and confiscated the
mailed material per policy. The mailed material was addressed
to Jimmy Jones 891728 P.O. Box 1111 Carlisle, IN 47838[.]
Return address read Evelyn Hollibaugh 1844 Winston Ave.
Indianapolis, IN 46218. Had offender Jimmy Jones been
successful in obtaining the mailed material, the contraband
listed below would have entered the facility where it could
be used, sold, traded, etc. thereby breaching the safety and
security of the facility and placing offenders and staff in
The contraband found in this instances was as follows: 3
Orange Strips with N8 on them (Suboxone Strips) hidden in the
return address lab[el] of a greeting card style mail.
The offender named in the charging document was in violation
of the ADPP A111/A113 in that he conspired, attempted to
conspire, aided or abetted with another to traffic via the
Id. Two cards were confiscated, and photographs were
taken of the card, envelope, label, and Suboxone strips. Dkt.
No. 9-2. In addition, the Facility Lead Investigator, Robbie
Marshall, provided an email and additional photo evidence,
see Dkt. No. 9-3 at 2-4, corroborating that the
confiscated items were Suboxone strips, stating:
On September 27, 2013, inmate Jimmy Jones # 891782 received
correspondence. Concealed in the correspondence, Suboxone was
located. The Suboxone was identified by unique
characteristics, such as[:] color (orange), size (approx.
¾”) and markings (N8) on the strips. These
features are utilized as recognizable characteristics that
help aid in identification of said substances.
Dkt. No. 9-3 at 1.
Jones was notified of the charge on October 2, 2013, when he
received the Screening Report. Dkt. No. 9-4. He pleaded
guilty to the charge, did not wish to have a lay advocate,
and did not request any witnesses or any physical evidence.
Id. He also waived his right to 24 hours'
advance notice before the disciplinary hearing. Id.
prison disciplinary hearing was held on October 2, 2013.
According to the notes from the hearing, Mr. Jones stated,
“I plead guilty.” Dkt. No. 9-5. Based on the
staff reports and Mr. Jones's guilty plea, the hearing
officer found Mr. Jones guilty of A-111/113, conspiracy to
traffic. The ...