Camacho v. Superintendent

Filing 14

OPINION AND ORDER: The 12 motion is GRANTED and the case is DISMISSED. The Clerk is DIRECTED to close this case. Signed by Judge Rudy Lozano on 4/4/2018. (Copy mailed to pro se party)(jss)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
MARCO A. CAMACHO,
Petitioner,
v.
WARDEN,
Respondent.

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Case No. 2:17-CV-160

OPINION AND ORDER
Marco A. Camacho, a prisoner without a lawyer, filed a habeas
corpus petition challenging his prison disciplinary hearing in MCF
16-12-436 where a Disciplinary Hearing Officer (DHO) at the Miami
Correctional Facility found him guilty of possessing a cell phone
in violation of A-121 on January 4, 2017.

ECF 4 at 1, ECF 12 at 1.

As a result, Camacho was sanctioned with the loss of 90 days earned
credit time and demoted from Credit Class 1 to Credit Class 2.

Id.

After Camacho filed his petition, the finding of guilt and
sanctions were vacated.

ECF 12-2.

The Warden has filed a motion

to dismiss because this case is now moot.

ECF 12.

Camacho did not

file a response and the time for doing so has passed.
Ind. L. Cr. R. 47-2.

See N.D.

Regardless, the Court cannot overturn the

disciplinary proceeding and restore his time because the Indiana
Department of Correction has already vacated the proceeding and
restored his time.

That is to say, Camacho has already won and

there is no case left for this Court 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).
For these reasons, the motion (ECF 12) is GRANTED and the case
is DISMISSED.

The clerk is DIRECTED to close this case.

DATE: April 4, 2018

/s/RUDY LOZANO
United States District Court