X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

�1 Kenneth Fortune appeals, pro se, from the trial court’s order denying his petition for writ of habeas corpus and his request to proceed in forma pauperis. Fortune, a prison inmate, contends that prison officials transferred him from one institution to another and imposed more restrictive conditions of confinement in retaliation for his prison reform activities and thus violated his constitutional rights. We conclude that Fortune’s allegations do not provide a cognizable basis for relief on a habeas corpus petition. Accordingly, we affirm the trial court’s order denying his petition and request to proceed in forma pauperis (IFP).

�2 Fortune is currently incarcerated at the State Correctional Institution (SCI) at Camp Hill (Camp Hill) following transfer in May 2001 from SCI-Huntingdon. Fortune is held in administrative custody in Camp Hill’s “Special Management Unit” (SMU) which, he alleges, imposes more stringent conditions of confinement than those under which he was held at SCI-Huntingdon. In response to his transfer, Fortune filed his petition for writ of habeas corpus with the trial court. In his petition, Fortune asserts that he was transferred to Camp Hill and confined to the SMU in retaliation for filing prisoner grievances and commencing litigation against prison officials while at Huntingdon. Fortune asserts that written Department of Corrections policy fails to provide grounds for his confinement in administrative custody, and that, accordingly, his detention infringes constitutionally protected “liberty interests,” and violates his rights to due process and equal protection. The trial court, upon review, dismissed Fortune’s petitions without hearing, concluding that his IFP petition was frivolous and that his habeas petition failed to state a cognizable basis for relief. Fortune filed this appeal.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

BenefitsPRO Broker Expo 2022

May 23, 2022 - May 25, 2022
Austin, TX

The premier educational and networking event for employee benefits brokers and agents.


Learn More

Georgia Legal Awards 2022 (GALA)

June 23, 2022
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession in Georgia.


Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022
PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Attorney


McGovern Legal Services, LLC seeks an attorney to join our team at our North Brunswick office working with Condominium Associations, Homeown...


Apply Now ›

GENERAL LIABILITY ATTORNEY


Mineola firm with national practice seeks talented, experienced (3-5 years post-admission) attorneys withdeposition experience to handle com...


Apply Now ›

CORPORATE ATTORNEY (8+ Years) - REMOTE, CT


We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›

LAWRENCE LAW LLC

05/16/2022
NJLJ Web

Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association


View Announcement ›

RAYNES & LAWN

05/11/2022
TLI Web

RAYNES & LAWN is Proud to Welcome Next Generation to the Firm


View Announcement ›