From Casetext: Smarter Legal Research

Cox v. McBride

United States Court of Appeals, Seventh Circuit
Jan 29, 2002
279 F.3d 492 (7th Cir. 2002)

Summary

holding that AEDPA's statute of limitations does not apply to petitions challenging administrative decisions

Summary of this case from Mardesich v.  Cate

Opinion

No. 01-1413.

Submitted December 18, 2001.

Decided January 29, 2002.

Appeal from the United States District Court for the Northern District of Indiana, Allen Sharp, J.

William Cox (submitted a brief), Westville, IN, pro se.

Monika Prekopa Talbot (submitted a brief), Office of the Attorney General, Indianapolis, IN, for respondent-appellee.

Before POSNER, MANION, and ROVNER, Circuit Judges.


The plaintiff, a state prison inmate, was found guilty by a prison disciplinary board of assaulting a guard and was sentenced to lose two years' worth of good-time credits. His petition for federal habeas corpus was denied with prejudice as being time-barred. Denial was also based on his failure to have signed the petition, in violation of the first paragraph of 28 U.S.C. § 2242 and Rule 2(c) of the Rules Governing Section 2254 Cases in the United States District Courts, although it is unclear whether the district judge thought that such a failure would by itself have warranted dismissal with prejudice. It would not have. The only authorized remedy is for the judge to return the unsigned petition to the applicant. Rule 2(e) of the Rules Governing Section 2254 Cases in the United States District Courts; see Hendricks v. Vasquez, 908 F.2d 490 (9th Cir. 1990); Application of Gibson, 218 F.2d 320 (9th Cir. 1954) (per curiam); Adams v. Armontrout, 897 F.2d 332, 334 (8th Cir. 1990). If the applicant is obdurate in refusing to sign, the district court can dismiss the petition with prejudice, as in any other case of failure to prosecute, under Fed.R.Civ.P. 41(b) (which provides that dismissal is with prejudice unless otherwise indicated by the court); see Oliver v. Gramley, 200 F.3d 465 (7th Cir. 1999); Ladien v. Astrachan, 128 F.3d 1051, 1056-57 (7th Cir. 1997); Angulo-Alvarez v. Aponte de la Torre, 170 F.3d 246, 252 (1st Cir. 1999); Aziz v. Wright, 34 F.3d 587, 589 (8th Cir. 1994); Nassau County Ass'n of Insurance Agents, Inc. v. Aetna Life Casualty Co., 497 F.2d 1151, 1154 (2d Cir. 1974). But there is no indication of obduracy here.

The judge thought the suit in any event barred by the one-year statute of limitations in 28 U.S.C. § 2244(d)(1) for filing a petition for habeas corpus. But that provision is limited to petitions filed by persons "in custody pursuant to the judgment of a State court," and a prison disciplinary board is not a court. It is true that Cox is in prison pursuant to the judgment of a state court; otherwise he would not be eligible for federal habeas corpus. See 28 U.S.C. § 2254(a); Felker v. Turpin, 518 U.S. 651, 662, 116 S.Ct. 2333, 135 L.Ed.2d 827 (1996); Walker v. O'Brien, 216 F.3d 626, 633 (7th Cir. 2000). But the custody he is challenging, as distinct from the custody that confers federal jurisdiction, is the additional two years of prison that he must serve as the result of the "judgment" not of a state court but of the prison disciplinary board. This distinction was embraced in the Walker case. Id. at 639; see also id. at 640 (dissent from denial of rehearing en banc).

The distinction between a state court and a state prison disciplinary board is well established in this circuit in cases dealing with several other provisions of the federal habeas corpus statute that use the word "court." White v. Indiana Parole Bd., 266 F.3d 759, 765-66 (7th Cir. 2001) ( 28 U.S.C. § 2254(d)); Walker v. O'Brien, supra, 216 F.3d at 637 ( 28 U.S.C. § 2253(c)(1)(A)). ( Markham v. Clark, 978 F.2d 993, 994-95 (7th Cir. 1992), holds, it is true, that the requirement of exhaustion of state judicial remedies in 28 U.S.C. § 2254(b) requires exhaustion of administrative remedies, but our conclusion was based not only on the purpose of requiring exhaustion of remedies but also on the definition of "available procedure" in section 2254(c).) "Courts elsewhere do not ever advert to the subject. For example, the eighth circuit has treated prison disciplinary boards as courts with no explanation, see Closs v. Weber, 238 F.3d 1018 (8th Cir. 2001)." White v. Indiana Parole Bd., supra, 266 F.3d at 766. In light of our cases, we are unwilling to interpret the word more broadly in section 2244(d)(1). Congress can and perhaps should amend the statute to bring petitions for habeas corpus that challenge prison discipline under the one-year (or some other definite) limitation, but unless and until it does so the only limitation is the equitable principle of laches codified in Rule 9(a) of the Rules Governing Section 2254 Cases in the United States District Courts. See Lonchar v. Thomas, 517 U.S. 314, 325-27, 116 S.Ct. 1293, 134 L.Ed.2d 440 (1996); Smith v. Duckworth, 910 F.2d 1492, 1494-95 (7th Cir. 1990); Clency v. Nagle, 60 F.3d 751, 753 (11th Cir. 1995). Unlike a statute of limitations, application of the doctrine of laches requires a showing that the petitioner's delay was not only unreasonable but also prejudicial to his opponent.

The respondent argues in the alternative that the petitioner failed to exhaust his administrative remedies. The record is insufficiently developed to enable us to evaluate the argument. The judgment is therefore vacated and the case remanded for further proceedings consistent with this opinion.

VACATED AND REMANDED.


Summaries of

Cox v. McBride

United States Court of Appeals, Seventh Circuit
Jan 29, 2002
279 F.3d 492 (7th Cir. 2002)

holding that AEDPA's statute of limitations does not apply to petitions challenging administrative decisions

Summary of this case from Mardesich v.  Cate

holding that prisoner's petition challenging additional two years on prisoner's original sentence as a result of the decision of the prison disciplinary board is not subject to section 2244(d)

Summary of this case from McAleese v. Brennan

holding that the limitation period applies to petitions contesting the judgment of a state court, but not to petitions contesting administrative decisions

Summary of this case from Dulworth v. Evans

holding that the statute of limitations in § 2244(d) does not apply to petitions challenging administrative decisions

Summary of this case from Simpson v. Haines

holding that prisoner's habeas petition, challenging prison disciplinary board's revocation of good time credits, was not subject to Section 2244(d) statute of limitations because "the custody he [i.e., the prisoner] is challenging . . . is the additional two years of prison that he must serve as the result of the `judgment' not of a state court but of the prison disciplinary board" and therefore Section 2244(d) does not apply because it applies only to prisoners challenging custody pursuant to a judgment of a state court

Summary of this case from Wheeler v. Wilson

concluding that AEDPA's one-year statute of limitations does not apply where petitioner brings claim based on internal prison disciplinary board's decision to revoke two years of "good time" credit

Summary of this case from Boyd v. Chandler

recognizing a well-established distinction between a state court and a state prison disciplinary board

Summary of this case from Clark v. McEwen

In Cox v. McBride, 279 F.3d 492, 493 (7th Cir. 2002), the Seventh Circuit Court of Appeals held that the AEDPA period did not apply to a habeas corpus challenge to custody pursuant to a non-court decision such as the one by an Indiana prison disciplinary board imposing additional custody.

Summary of this case from Davis v. Smith

stating that dismissal for failure to sign a petition alone would not be warranted

Summary of this case from Fletcher v. Amand

In Cox, the court concluded that a petitioner's habeas action to recover his lost good-time credits was not barred by the limitations period set forth in 28 U.S.C. § 2244(d)(1) because "that provision is limited to petitions filed by persons `in custody pursuant to the judgment of a State court,' and a prison disciplinary board is not a court."

Summary of this case from Sherrod v. State
Case details for

Cox v. McBride

Case Details

Full title:William COX, Petitioner-Appellant, v. Daniel McBRIDE, Respondent-Appellee

Court:United States Court of Appeals, Seventh Circuit

Date published: Jan 29, 2002

Citations

279 F.3d 492 (7th Cir. 2002)

Citing Cases

Wiggins v. Attorney Gen. of Pa.

Obj. at 3, ECF No. 16. In support of this argument, Petitioner cites Cox v. McBride, 279 F.3d 492 (7th Cir.…

Wheeler v. Wilson

Eric Johnson, An Analysis of the Antiterrorism and Effective Death Penalty Act in Relation to State…