Black v. Werlich

Filing 11

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

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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

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