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JOHNSON v. FINNAN

No. 06-1509.

467 F.3d 693 (2006)

Shawn JOHNSON, Petitioner-Appellant, v. Alan FINNAN, Superintendent, Wabash Valley Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 2006.

Attorney(s) appearing for the Case

Shawn Johnson (submitted), Carlisle, IN, pro se.

Steve Carter, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before COFFEY, EASTERBROOK, and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

Disciplinary panels in state prisons are not courts. White v. Indiana Parole Board, 266 F.3d 759, 765-66 (7th Cir. 2001). From this it follows that facts found (or assumed) by a prison disciplinary board are not entitled to the presumption of correctness that 28 U.S.C. § 2254(e) affords to judicial findings. Piggie v. McBride, 277 F.3d 922, 925 (7th Cir...

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