Griffith v. Superintendent
OPINION AND ORDER GRANTING 9 Motion to Dismiss; DENYING AS MOOT 2 Motion for Subpoena of Documentary Evidence. This matter is DISMISSED. Signed by Judge Philip P Simon on 6/22/17. (Copy mailed to pro se party) (mlc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
DEREK ALLEN GRIFFITH,
Cause No. 3:16-cv-803
OPINION AND ORDER
Derek Allen Griffith, a pro se prisoner, filed a petition under 28 U.S.C. § 2254,
challenging a prison disciplinary hearing (MCF 16-05-281) in which a Disciplinary
Hearing Officer found Griffith guilty of possession of a cell phone in violation of
Indiana Department of Correction policy A-121. (DE 4 at 1.) As a result, Griffith was
sanctioned with the loss of 90 days earned credit time and was demoted from Credit
Class I to Credit Class II. Id.
After Griffith filed his petition, the IDOC vacated the guilty finding and
remanded the case for a new hearing. (See DE 9-2.) Based on the IDOC’s action, the
Respondent filed a motion to dismiss, arguing that Griffith’s petition is moot because
the guilty finding and accompanying sanctions have been vacated. (DE 9; DE 10.)
Griffith has not responded to the motion and the time for doing so has now
passed. See N.D. Ind. L. Cr. R. 47-2. Nevertheless, he has already succeeded in this
matter because his charges and sanctions have been reversed. As a result, there no
longer is a case or controversy for me to adjudicate, and the petition will be dismissed.
See generally Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003) (noting that a prisoner
can challenge prison disciplinary determination in a habeas proceeding only when a
previously conferred benefit has been taken away). If Griffith finds the results of his
new disciplinary hearing to be similarly objectionable, he must file a new habeas
petition after exhausting his administrative remedies.
Accordingly, the respondent’s motion to dismiss (DE 9) is GRANTED, and this
matter is DISMISSED. All other pending motions are DENIED AS MOOT.
ENTERED: June 22, 2017
s/ Philip P. Simon
JUDGE, UNITED STATES DISTRICT COURT
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