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Coats v. Warden, 3:19CV897-PPS/MGG. (2020)

Court: District Court, N.D. Indiana Number: infdco20200224891 Visitors: 4
Filed: Feb. 20, 2020
Latest Update: Feb. 20, 2020
Summary: OPINION AND ORDER PHILIP P. SIMON , District Judge . Christopher Coats, a prisoner without a lawyer, filed a habeas corpus petition challenging the prison disciplinary hearing (WCC 19-07-0233) held on August 16, 2019, where the Disciplinary Hearing Officer found him guilty of threatening in violation of Indiana Department of Correction policy B-213. (ECF 1 at 1.) As a result, he was sanctioned with the loss of 30 days earned credit time and demoted in credit class. Id. The Warden represe
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OPINION AND ORDER

Christopher Coats, a prisoner without a lawyer, filed a habeas corpus petition challenging the prison disciplinary hearing (WCC 19-07-0233) held on August 16, 2019, where the Disciplinary Hearing Officer found him guilty of threatening in violation of Indiana Department of Correction policy B-213. (ECF 1 at 1.) As a result, he was sanctioned with the loss of 30 days earned credit time and demoted in credit class. Id.

The Warden represents that the Indiana Department of Correction has vacated Coats's grievous sanctions and restored Coats's time, and that this case is therefore moot. (ECF 7.) A letter from Anna Levitt, an Appeal Review Officer, indicates that Coats's grievous sanctions have been vacated. (ECF 7-1.) Coats urges me to deny the motion to dismiss because he continues to suffer consequences other than the loss of good time as a result of the charge and because he is subject to rehearing, but I cannot overturn the disciplinary proceeding and restore Coats's time where that has already occurred. In other words, Coats has already won, and there is no case left for me to decide. Accordingly, 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). If Coats wishes to challenge the rehearing in WCC 19-07-0233, he must file a new case.

ACCORDINGLY, the warden's motion to dismiss (ECF 7) is GRANTED, and the case is DISMISSED. The clerk is DIRECTED to close this case.

SO ORDERED.

Source:  Leagle

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