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17-568 - WALKER v. ZATECKY


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17-568 - WALKER v. ZATECKY
July 5, 2017
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Entry Discussing Petition for Writ of Habeas Corpus - A federal court may issue a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254(a) only if it finds the applicant "is in custody in violation of the Constitution or laws or treaties of the United States." Id. Because habeas petitioner Antonio Walker has failed to show that this is the case with respect to the disciplinary proceeding challenged in this case, his petition for a writ of habeas corpus must be denied and this action dismissed. Walker's claims that he was denied the protections afforded by Wolff are either refuted by the expanded record or based on assertions which do not entitle him to relief. He has not argued otherwise. "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 proceeding, or sanctions involved in the events identified in this action, and there was no constitutional infirmity in the proceeding which entitles Walker to the relief he seeks. Accordingly, his petition for a writ of habeas corpus must be denied and the action dismissed. Judgment consistent with this Entry shall now issue. (See Entry). Signed by Judge Jane Magnus-Stinson on 7/5/2017.(APD)