United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
R. SWEENEY II JUDGE
petition of Micah L'Minggio for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as WVE
18-10-0051. For the reasons explained in this Entry, Mr.
L'Minggio's habeas petition must be
in Indiana custody may not be deprived of good-time credits
or of credit-earning class without due process. Ellison
v. Zatecky, 820 F.3d 271, 274 (7th Cir. 2016);
Scruggs v. Jordan, 485 F.3d 934, 939 (7th Cir.
2007); see also Rhoiney v. Neal, 723 Fed.Appx. 347,
348 (7th Cir. 2018). The due process requirement is satisfied
with: 1) the issuance of at least 24 hours advance written
notice of the charge; 2) a limited opportunity to call
witnesses and present evidence to an impartial
decision-maker; 3) a written statement articulating the
reasons for the disciplinary action and the evidence
justifying it; and 4) “some evidence in the
record” to support the finding of guilt.
Superintendent, Mass. Corr. Inst. v. Hill, 472 U.S.
445, 454 (1985); see also Wolff v. McDonnell, 418
U.S. 539, 563-67 (1974).
The Disciplinary Proceeding
October 11, 2018, Intelligence Analyst S. Zimmerman wrote a
conduct report in case WVE 18-10-0051 charging Mr.
L'Minggio with offense B-220, engaging in unauthorized
On 10/11/2018, while monitoring the GTL Offender Phone System
I, Analyst S. Zimmerman, discovered a telephone call made to
(317) 771- 8579 utilizing the PIN number of offender Micah
Lminggio #198566. During the telephone call I did hear an
unidentified Offender tell the female callee, “I'm
calling for Micah.” The unidentified offender also
tells the female callee, “He told me to tell you to
send Diamond that 300”, and informs the female callee
of a specific phone number (see attached). The phone number
the money is to be transferred to is associated with an
offender living in G cell house, (Thomas Lofton #132899) see
attached. Policy 04-01-104 (IX) specifically prohibits
offenders from making unauthorized financial transactions to
other offenders or their friends/family members.
Daily Offender Telephone Log, which was attached to the
conduct report, further describes the conversation. Dkt.
October 12, 2018, the screening officer notified Mr.
L'Minggio of the charge and provided him with copies of
the conduct report and the notice of disciplinary hearing
(screening report). Mr. L'Minggio pleaded not guilty.
Dkt. 10-3. Mr. L'Minggio did not request any witnesses,
but he did request video evidence of the 10/10/18 phone call.
Id. The facility did not allow him to review the
video because it would jeopardize the safety and security of
the facility. Dkt. 16. A copy of the video review was given
to Mr. L'Minggio on October 16, 2018. It states:
02:24:22 AN OFFENDER WALS UP TO THE PHONES
02:24:27 ONLY ONE OFFENDER ON THE PHONES AT THIS TIME IN GHU
02:27:35 OFFENDER HANGS UP THE PHONE AND WALKS OVER BY THE
LEFT WING FIRE DOOR AND APPEARS TO BE LOOING UP AT CELL 201
AND TALKING TO SONEONE. (OFFENDER LMINGGIO, MICAH #198566
RESIDES IN CELL GHU-201)
Dkt. 16 (all caps and misspellings in original).
hearing officer held a hearing in case WVE 18-10-0051 on
October 18, 2018. Dkt. 10-4. Mr. L'Minggio pleaded not
guilty and stated, “I had asked my mom to send Diamond
the $300 for my daughter[']s birthday. My mom said she
didn't have it at that time. No. transaction, no money
sent.” Id. The hearing officer found Mr.
L'Minggio guilty of offense B-220 based on the conduct
report, Mr. L'Minggio's statement, the daily offender
telephone log, and the video summary. Id. The
hearing officer sanctioned Mr. L'Minggio with a 30-day
loss of phone privileges, a 90-day loss of good-time credit,
and a one-step demotion in credit class (suspended).
L'Minggio's appeals to the Facility Head and to the
Final Reviewing Authority were denied. Dkt. 10-5; ...