Glenn v. Superintendent

Filing 39

OPINION AND ORDER GRANTING 37 MOTION TO DISMISS filed by Superintendent. Signed by Judge Jon E DeGuilio on 3/21/2013. ***Civil Case Terminated (lyf)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
DOLEN GLENN,

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Petitioner,
v.
SUPERINTENDENT,
Respondent.

Case No. 3:12-CV-208 JD

OPINION AND ORDER
Dolen Glenn, a pro se prisoner, filed this habeas corpus case challenging the prison
disciplinary hearings ISP 11-12-0159 and ISP 11-12-0160. In the first of those hearings, he was
found guilty of trafficking and sanctioned with the loss of 60 days earned credit time. In the second
he was found guilty of attempted trafficking and sanctioned with the loss of another 60 days earned
credit time. The respondent has now filed a motion to dismiss this habeas corpus case because those
prison disciplinary cases have been vacated and Glenn’s earned credit time restored. In sum, the
respondent has conceded and Glenn has won. The disciplinary charges against him are gone and his
out date has been adjusted back to where it was before the disciplinary report was filed against him.
ECF 38-2. Thus, this case is over because a habeas corpus case cannot proceed unless an inmate is
challenging the lengthening of the duration of his confinement. Hadley v. Holmes, 341 F.3d 661, 664
(7th Cir. 2003). For the foregoing reasons, the motion to dismiss is GRANTED and this case is
DISMISSED.
SO ORDERED.
ENTERED: March 21, 2013

/s/ JON E. DEGUILIO
Judge
United States District Court