Hale v. Superintendent

Filing 8

OPINION AND ORDER granting Motion to Dismiss (DE 6). This case is DISMISSED and the Clerk is DIRECTED to close this caes. Signed by Judge Philip P Simon on 1/8/18. (Copy mailed to pro se party)(ksp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
MICHAEL HALE,
Petitioner,
v.
WARDEN,
Respondent.

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CAUSE NO. 3:17-CV-677-PPS-MGG

OPINION AND ORDER
Michael Hale, a prisoner without a lawyer, filed a habeas corpus petition
challenging his prison disciplinary hearing in ISP 17-03-337 where a Disciplinary
Hearing Officer (DHO) at the Indiana State Prison found him guilty of disorderly
conduct in violation of B-236 on March 28, 2017. ECF 1, ECF 6-3 at 1. As a result, Hale
was sanctioned with the loss of 30 days earned credit time. Id.
After Hale filed his petition, the finding of guilt and sanctions were vacated.
ECF 6-7. The Warden has filed a motion to dismiss because this case is now moot. ECF
6. Hale did not file a response and the time for doing so has passed. See N.D. Ind. L. Cr.
R. 47-2. Regardless, I cannot overturn the disciplinary proceeding and restore his time
because the Indiana Department of Correction has already vacated the proceeding and
restored his time. That is to say, Hale has already won and there is no case left for this
court to decide. Accordingly, 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).
Accordingly, the motion (ECF 6) is GRANTED and the case is DISMISSED.
The clerk is DIRECTED to close this case.
SO ORDERED.
ENTERED: January 8, 2018.
/s Philip P. Simon
Judge
United States District Court