Smith v. Superintendent

Filing 6

OPINION AND ORDER GRANTING 4 Motion to Dismiss. The Clerk is directed to close this case. Signed by Judge Rudy Lozano on 1/16/18. (Copy mailed to pro se party)(mlc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
KEITH T. SMITH,
Petitioner,
v.
WARDEN,
Respondent.

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CAUSE NO. 2:17-CV-328-RL-JEM

OPINION AND ORDER
This matter is before the Court on the: (1) 28 U.S.C. § 2254
Habeas Corpus Petition by a State Prisoner Challenging a Prison
Disciplinary Proceeding, filed by Keith T. Smith, a prisoner
without a lawyer, on August 4, 2017; and (2) Motion to Dismiss,
filed by the Warden on October 25, 2017 (ECF 4).

For the reasons

set forth below, the motion to dismiss (ECF 4) is GRANTED and the
Clerk is DIRECTED to close this case.

BACKGROUND
Keith T. Smith filed this habeas corpus petition pursuant to
28 U.S.C. § 2254 challenging his loss of 30 days earned credit
time. ECF 1. On May 4, 2017, in case number ISP 17-05-0006, a
Disciplinary Hearing Officer ("DHO") at the Indiana State Prison
found Smith guilty of Attempted Disorderly Conduct in violation of
Indiana Department of Correction policies B-240/236. Id.

DISCUSSION
The Warden now moves to dismiss, asserting that after Smith
filed the petition, the finding of guilt and sanctions were
vacated.

ECF 4, 4-2. Smith did not file a response and the time

for doing so has passed.

See N.D. Ind. L. Cr. R. 47-2. 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, Smith
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

resulted

a

in

sanction

in

that

habeas

proceeding

lengthened

the

only

duration

when

it

of

his

confinement).

CONCLUSION
For the reasons set forth above, the motion to dismiss (ECF 4)
is GRANTED and the Clerk is DIRECTED to close this case.

DATED: January 16, 2018

RUDY LOZANO, Judge
United States District Court

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