McClennon v. Superintendent

Filing 15

OPINION AND ORDER granting 12 Motion to Dismiss and the case is DISMISSED. Signed by Judge Jon E DeGuilio on 3/6/2018. (rmc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
ANTHONY McCLENNON,
Petitioner,
v.
WARDEN,
Respondent.

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Case No. 3:17-CV-546-JD-MGG

OPINION AND ORDER
Anthony McClennon, a prisoner without a lawyer, filed a habeas corpus petition
challenging his prison disciplinary hearing in MCF 17-03-234 where a Disciplinary
Hearing Officer (DHO) at the Miami Correctional Facility found him guilty of
Possession or Use of a Controlled Substance in violation of B-202 on April 11, 2017. ECF
1 at 1. As a result, McClennon was sanctioned with the loss of 60 days earned credit
time and demoted from Credit Class 1 to Credit Class 2. Id.
After McClennon filed his petition, the finding of guilt and sanctions were
vacated. ECF 12-1. The Warden has filed a motion to dismiss because this case is moot.
ECF 12. McClennon filed a letter with the court stating he is “in agreement” with the
motion. ECF 14. Because the challenged disciplinary proceeding and sanctions 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).

For these reasons, the motion (ECF 12) is GRANTED and the case is DISMISSED.
SO ORDERED on March 6, 2018.
/s/ JON E. DEGUILIO
JUDGE
UNITED STATES DISTRICT COURT