Collins v. Superintendent

Filing 8

OPINION AND ORDER DISMISSING CASE WITHOUT PREJUDICE because the court cannot identify what prison disciplinary proceeding Timothy Collins is attempting to challenge. Signed by Senior Judge James T Moody on 10/16/2013. (lyb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
TIMOTHY COLLINS,
Petitioner,
v.
SUPERINTENDENT,
Respondent.

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No. 3:13 CV 625

OPINION AND ORDER
Timothy Collins, a pro se prisoner, filed two very similar habeas corpus petitions
– this one and 3:13-CV-624. Each petition attempts to challenge a prison disciplinary
proceeding which was held at the New Castle Correctional Facility on October 5, 2012.
In both petitions, Collins challenges the fact that he was found guilty of
Conspiring/Attempting /Aiding to Commit a Class A Offense in violation of 111/113.
However, because neither petition identified the number of the challenged prison
disciplinary proceedings, the court was unable to differentiate the two petitions.
As a result, he was ordered to supplement the petitions in both cases by
September 19, 2013. He did so in the other case, but not in this one. Therefore this case is
DISMISSED WITHOUT PREJUDICE because the court cannot identify what prison
disciplinary proceeding Collins is attempting to challenge.
SO ORDERED.
Date: October 16, 2013
s/James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT