Capatina v. Superintendent

Filing 17

OPINION AND ORDER GRANTING 14 Motion to Dismiss; This case is DISMISSED. Clerk to enter judgment accordingly. Signed by Judge Robert L Miller, Jr on 10/5/17. (Copy mailed to pro se party)(mlc)

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

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CAUSE NO. 3:17-cv-85-RLM-JEM

OPINION AND ORDER
Randall Capatina, a prisoner without a lawyer, filed a habeas corpus
petition challenging his prison disciplinary hearing in WCC 16-08-456 where a
Disciplinary Hearing Officer found him guilty of threatening another in violation
of Indiana Department of Correction Policy B-213. He was sanctioned with the
loss of 60 days earned credit time.
After Mr. Capatina filed his petition, the Indiana Department of Correction
reduced the charge and restored his earned credit time. The Respondent has
moved to dismiss because this case is now moot. Because the challenged
disciplinary sanctions affecting the length of his incarceration have been
vacated, this case must be dismissed. See Hadley v. Holmes, 341 F.3d 661, 664
(7th Cir. 2003) (prisoner can challenge prison disciplinary determination in
habeas proceeding only when it resulted in a sanction that lengthened the
duration of his confinement). Mr. Capatina argues that Respondent’s motion
should be denied because “to reduce the charge level and vacate the sanctions,
however, that does not moot the controversy of his having been deprived of his

due process rights in the hearing and conviction...” (emphasis omitted). Mr.
Capatina only had procedural due process rights to the extent that he received
a sanction that affected the duration of his sentence. See id. There is no such
sanction against Mr. Capatina, so he has no corresponding due process rights
pertaining to this disciplinary proceeding. Because he has obtained all relief
possible, there is nothing left for this court to review.
For these reasons, the motion [Doc. No. 14] is GRANTED and this case is
DISMISSED. The clerk shall enter judgment accordingly.
SO ORDERED.
ENTERED: October 5, 2017
__/s/ Robert L. Miller, Jr._____
Judge
United States District Court

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