Konrath v. Superintendent

Filing 2

OPINION AND ORDER re 1 PETITION for Writ of Habeas Corpus filed by Gregory Konrath. The Petition is DISMISSED for want of jurisdiction. Signed by Judge Rudy Lozano on 1/9/17. (cc: Gregory Konrath). (cer)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
GREGORY KONRATH,
Petitioner,
vs.
SUPERINTENDENT,
Respondent.

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CAUSE NO. 3:17-CV-017

OPINION AND ORDER
This matter is before the Court on the Petition under 28
U.S.C. Paragraph 2254 for Writ of Habeas Corpus filed by Gregory
Konrath, a pro se prisoner, on January 3, 2017. For the reasons
set forth below, this case is DISMISSED for want of jurisdiction.

DISCUSSION
Gregory Konrath, a pro se prisoner, filed a habeas corpus
petition challenging the prison disciplinary hearing (WCC 16-08144) where a disciplinary hearing officer (DHO) at the Westville
Correctional Facility found him guilty of Violating State Law in
violation of A-100. This is not the first time that Konrath has
brought a habeas corpus petition challenging that hearing. In
Konrath v. Superintendent, 3:16-CV-809 (N.D. Ind. filed November
25, 2016), he challenged this same proceeding. In that case, the
court dismissed the petition pursuant to Habeas Corpus Rule 4
because the ground presented was meritless.

As such, this is an unauthorized successive petition over
which

this

court

2244(b)(3)(A).
successive

“A

has

no

jurisdiction.

district

petition,

court

without

must

awaiting

See

dismiss
any

28
a

response

U.S.C.
second
from

§
or
the

government, unless the court of appeals has given approval for its
filing.”

Nunez v. United States, 96 F.3d 990, 991 (7th Cir. 1996)

(emphasis

in

authorization

original).
from

the

Here,

Seventh

Konrath
Circuit

to

has
file

not
a

obtained
successive

petition.

CONCLUSION
For the reasons set forth above, this case is DISMISSED for
want of jurisdiction.

DATED: January 9, 2017

/s/Rudy Lozano, Judge
United States District Court

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