MONTGOMERY v. ANDERSON

No. 00-2869

262 F.3d 641 (2001)

Jerry MONTGOMERY, Petitioner-Appellant, v. Rondle ANDERSON, Warden, Indiana State Prison, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 13, 2001.

Rehearing Denied August 31, 2001.


Attorney(s) appearing for the Case

Jerry Montgomery (submitted a brief), Michigan City, IN, pro se.

Jon B. Laramore (submitted a brief), Office of the Attorney General, Indianapolis, IN, for respondent-appellee.

Before FLAUM, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.


EASTERBROOK, Circuit Judge.

Jerry Montgomery, who is serving a 40-year term for murder, contends in this action under 28 U.S.C. § 2254 that Indiana violated the due process clause of the fourteenth amendment when it placed him in disciplinary segregation and reduced his credit-earning class. The district court denied his petition, and this appeal presents a series of questions: (1) is a collateral attack under § 2254 the right way to present a claim of constitutional...

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