Sample v. Warden

Filing 10

OPINION AND ORDER GRANTING 8 Motion to Dismiss, The case is DISMISSED and the Clerk is directed to close this case. ***Civil Case Terminated. Signed by Judge Jon E DeGuilio on 11/8/18. (Copy mailed to pro se party)(mlc)

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-283-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 17-06-0267 where a Disciplinary
Hearing Officer (DHO) at the Indiana State Prison found him guilty of sexual contact
against staff without consent in violation of B-204 on July 7, 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 8 at 5. The Warden has filed a motion to dismiss because this case is now moot.
ECF 8. 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 8) is GRANTED and the case is DISMISSED.
The clerk is DIRECTED to close this case.
SO ORDERED on November 8, 2018
/s/ JON E. DEGUILIO
JUDGE
UNITED STATES DISTRICT COURT