Brown v. Warden

Filing 17

ORDER GRANTING 15 motion and DISMISSING the case. The clerk is directed to close this case. Signed by Judge Jon E DeGuilio on 5/7/2019. (Copy mailed to pro se party by certified mail 7000 1670 0012 9261 0013)(bas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
BRYAN KEITH BROWN,
Petitioner,
v.

CAUSE NO.: 3:18-CV-396-JD-MGG

WARDEN,
Defendant.
OPINION AND ORDER
Bryan Keith Brown, a prisoner without a lawyer, filed a habeas corpus petition
challenging the prison disciplinary hearing (ISP 18-03-0332) that was held on March 28,
2018, where the Disciplinary Hearing Body (DHB) found him guilty of Refusing to
Submit Sample for Testing in violation of B-203. As a result, he was sanctioned with the
loss of 90 days earned credit time.
After Brown filed his petition, the finding of guilt and sanctions were vacated.
(ECF 15-1 at 1.) The Warden has filed a motion to dismiss because this case is now
moot. (ECF 15.) Brown 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, Brown 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 15) is GRANTED and the case is DISMISSED.
The clerk is DIRECTED to close this case.
SO ORDERED on May 7, 2019
/s/ JON E. DEGUILIO
JUDGE
UNITED STATES DISTRICT COURT

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