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16-2059 - BOWLING v. SEVIER


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16-2059 - BOWLING v. SEVIER
November 10, 2016
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ENTRY Denying Motion to Dismiss and Directing Further Proceedings - The respondent's 7 motion to dismiss is denied. The respondent shall have through December 6, 2016, in which to file any further response to Mr. Bowling's petition for writ of habeas corpus. Mr. Bowling shall have thirty (30) days from the filing date of the respondent's response in which to file a reply. (See Entry.) Signed by Judge Jane Magnus-Stinson on 11/10/2016. Copy sent to Petitioner via US Mail. (GSO)
June 20, 2017
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Entry Denying Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment - The petition of Steven B. Bowling for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. IYC 15-11-0197, in which he was found guilty of possession of intoxicants (hooch). For the reasons explained in this Entry, Mr. Bowling's habeas petition must be denied. "The touchstone of due process is protection of the individual against arbitrary action of the government." Wolff, 418 U.S. at 558. There was no arbitrary action in any aspect of the charge, disciplinary proceedings, or sanctions involved in the events identified in this action, and there was no constitutional infirmity in the proceeding which entitles Mr. Bowling to the relief he seeks. Accordingly, Mr. Bowling's petition for a writ of habeas corpus must be denied and the action dismissed. Judgment consistent with this Entry shall now issue. Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 6/20/2017.(APD)