Sample v. Warden

Filing 12

OPINION AND ORDER: The Motion to Dismiss (DE 10) is GRANTED and the case is DISMISSED. The clerk is DIRECTED to close this case. Signed by Judge Jon E DeGuilio on 10/29/18. (Copy mailed to pro se party)(ksp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
CURTIS F. SAMPLE, JR.,
Petitioner,
v.
WARDEN,
Respondent.

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CAUSE NO. 3:18-CV-281-JD-MGG

OPINION AND ORDER
Curtis F. Sample, Jr., a prisoner without a lawyer, filed a habeas corpus petition
challenging his prison disciplinary hearing in ISP 17-06-0238 where a Disciplinary
Hearing Officer (DHO) at the Indiana State Prison found him guilty of making or
possessing intoxicants in violation of B-231 on June 29, 2017. ECF 1 at 1. As a result,
Sample was sanctioned with the loss of 90 days earned credit time and a one-step
demotion in credit class. Id.
After Sample filed his petition, the finding of guilt and sanctions were vacated.
ECF 10 at 5. The Warden has filed a motion to dismiss because this case is now moot.
ECF 10. Sample did not file a response and the time for doing so has passed. See N.D.
Ind. L.R. 7-1(d)(2)(A). Regardless, the court 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, Sample 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).
For these reasons, the motion (ECF 10) is GRANTED and the case is DISMISSED.
The clerk is DIRECTED to close this case.
SO ORDERED on October 29, 2018
/s/ JON E. DEGUILIO
JUDGE
UNITED STATES DISTRICT COURT