McClennon v. Warden, 3:17-CV-546-JD-MGG. (2018)
Court: District Court, N.D. Indiana
Number: infdco20180308942
Visitors: 13
Filed: Mar. 06, 2018
Latest Update: Mar. 06, 2018
Summary: OPINION AND ORDER JON E. DEGUILIO , District Judge . Anthony McClennon, a prisoner without a lawyer, filed a habeas corpus petition challenging his prison disciplinary hearing in MCF 17-03-234 where a Disciplinary Hearing Officer (DHO) at the Miami Correctional Facility found him guilty of Possession or Use of a Controlled Substance in violation of B-202 on April 11, 2017. ECF 1 at 1. As a result, McClennon was sanctioned with the loss of 60 days earned credit time and demoted from Credit C
Summary: OPINION AND ORDER JON E. DEGUILIO , District Judge . Anthony McClennon, a prisoner without a lawyer, filed a habeas corpus petition challenging his prison disciplinary hearing in MCF 17-03-234 where a Disciplinary Hearing Officer (DHO) at the Miami Correctional Facility found him guilty of Possession or Use of a Controlled Substance in violation of B-202 on April 11, 2017. ECF 1 at 1. As a result, McClennon was sanctioned with the loss of 60 days earned credit time and demoted from Credit Cl..
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OPINION AND ORDER
JON E. DEGUILIO, District Judge.
Anthony McClennon, a prisoner without a lawyer, filed a habeas corpus petition challenging his prison disciplinary hearing in MCF 17-03-234 where a Disciplinary Hearing Officer (DHO) at the Miami Correctional Facility found him guilty of Possession or Use of a Controlled Substance in violation of B-202 on April 11, 2017. ECF 1 at 1. As a result, McClennon was sanctioned with the loss of 60 days earned credit time and demoted from Credit Class 1 to Credit Class 2. Id.
After McClennon filed his petition, the finding of guilt and sanctions were vacated. ECF 12-1. The Warden has filed a motion to dismiss because this case is moot. ECF 12. McClennon filed a letter with the court stating he is "in agreement" with the motion. ECF 14. Because the challenged disciplinary proceeding and sanctions have been vacated, this case must be dismissed. See Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003) (prisoner can challenge prison disciplinary determination in habeas proceeding only when it resulted in a sanction that lengthened the duration of his confinement).
For these reasons, the motion (ECF 12) is GRANTED and the case is DISMISSED.
SO ORDERED.
Source: Leagle
