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)

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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?