Williams v. Warden

Filing 12

OPINION AND ORDER DISMISSING CASE, granting 7 Motion to Dismiss, ***Civil Case Terminated. Signed by Judge Robert L Miller, Jr on 8/24/18. (Copy mailed to pro se party)(mlc)

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

)
)
)
)
)
)
)
)
)

Case No. 3:18-CV-265-RLM-MGG

OPINION AND ORDER
Charles Williams, a prisoner without a lawyer, filed a habeas corpus petition
challenging his prison disciplinary hearing in STP 17-07-92, in which disciplinary
hearing officer found him guilty of conspiring to possess a cellular device in
violation of A-111/A-121 on July 28, 2017. ECF 2 at 1, ECF 7-3 at 1. Mr.
Williams was sanctioned with the loss of 90 days earned credit time and demoted
from Credit Class 1 to Credit Class 2. Id.
After Mr. Williams filed his petition, the finding of guilt and sanctions were
vacated. ECF 7-5 at 1. The Warden has filed a motion to dismiss because this case
is now moot. ECF 7. Mr. Williams did not file a response and the time for doing
so has passed. See N.D. Ind. L. Cr. R. 47-2. Regardless, the court can’t 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, Mr. Williams has already won and there’s nothing 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).
For these reasons, the motion (ECF 7) is GRANTED and the case is
DISMISSED. The clerk is DIRECTED to close this case.
SO ORDERED on August 24, 2018
/s/ Robert L. Miller, Jr.
JUDGE
UNITED STATES DISTRICT COURT