Griffith v. Superintendent

Filing 13

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)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION DEREK ALLEN GRIFFITH, Petitioner, vs. SUPERINTENDENT, Respondent. ) ) ) ) ) ) ) ) ) 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. SO ORDERED. ENTERED: June 22, 2017 s/ Philip P. Simon JUDGE, UNITED STATES DISTRICT COURT 2

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