Black v. Werlich

Filing 11

ORDER granting 9 Motion to Dismiss. Signed by Judge David R. Herndon on 4/6/2017. (kmb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GEORGE J. BLACK,
Petitioner,
v.

No. 3-16-cv-00921-DRH-CJP

T.G. WERLICH,
Respondent.
MEMORANDUM AND ORDER
HERNDON, District Judge:
Petitioner, George Black, filed a habeas corpus action pursuant to 28
U.S.C. § 2241. (Doc. 1).

Before the Court is respondent’s Motion to Dismiss

pursuant to Rule 12(b)(1). (Doc. 9).
Petitioner’s habeas petition challenges a November 17, 2015 disciplinary
decision at FCI Greenville (Incident Report No. 277307) which resulted in 41 days
of “Disallowed Good Conduct Time.” (Doc. 1, p 3). Petitioner appealed the loss
of Good Conduct Time to the Bureau of Prisons (BOP). The BOP reviewed his
appeal in January 2017, the sanctions were expunged, and 41 days of Good
Conduct Time were restored to his record. (Doc. 9, Attach A.)
The Public Information Data in December 2016 prior to his appeal
indicated petitioner had earned 94 days of Good Conduct Time, with a Good
Conduct Time release date of January 5, 2022. (Doc. 9 Attach. C). After the BOP
reviewed his appeal and expunged his record, petitioner’s information indicates

he earned a total of 135 days of Good Conduct Time with a Good Conduct Time
release date of November 30, 2021. (Doc. 9, Attach. B.)

Therefore, because

petitioner’s habeas petition involved revocation of Good Conduct Time restored in
January 2017, HIS PETITION IS MOOT.
Based on the foregoing, respondent’s Motion to Dismiss (Doc. 9) is
GRANTED, and this case is DISMISSED for lack of subject matter jurisdiction
pursuant to Fed. R. Civ. P. 12(b)(1).

The Petition for Writ of Habeas Corpus

under 28 U.S.C. §2241 is DISMISSED WITH PREJUDICE. The Clerk of Court
shall enter judgment in favor of respondent.
IT IS SO ORDERED.
Signed this 6th day of April, 2017.

Judge Herndon
2017.04.06
15:30:32 -05'00'
UNITED STATES DISTRICT JUDGE