Konrath v. Superintendent

Filing 7

OPINION AND ORDER re 1 PETITION for Writ of Habeas Corpus filed by Gregory Konrath. This case is DISMISSED for want of jurisdiction. Signed by Judge Rudy Lozano on 1/24/17. (cc: Gregory Konrath). (cer)

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

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CAUSE NO. 3:17-CV-52 RL

OPINION AND ORDER
This matter is before the Court on a habeas corpus petition
filed by Gregory Konrath, a pro se prisoner, in the United States
District Court for the Southern District of Indiana on January
10, 2017, which was transferred here. 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 16-11452) where a disciplinary hearing officer (DHO) at the Westville
Correctional Facility found him guilty of Abuse of Telephone
Privileges in violation of C-361. This is not the first time that
Konrath has brought a habeas corpus petition challenging that
hearing; he has done so on three previous occasions. In Konrath
v. Superintendent, 3:16-CV-839 (N.D. Ind. filed December 8,
2016), Konrath v. Superintendent, 3:16-CV-879 (N.D. Ind. filed
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December 16, 2016), and Konrath v. Superintendent, 3:17-CV-19
(N.D. Ind. filed January 3, 2017), he challenged this same
proceeding. Each petition was denied.
As such, this is another unauthorized successive petition
over which this court has no jurisdiction. See 28 U.S.C. §
2244(b)(3)(A). “A district court must dismiss a second or
successive petition, without awaiting any response from 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 original). Here, Konrath has not obtained
authorization from the Seventh Circuit to file a successive
petition.

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

DATED: January 24, 2017

/s/ RUDY LOZANO, Judge
United States District Court

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