Owen v. Warden

Filing 10

OPINION AND ORDER: Court GRANTS 8 Motion to Dismiss Petition as Moot and the case is DISMISSED. Clerk DIRECTED to close this case. Signed by Judge Rudy Lozano on 6/6/2018. (Copy mailed to pro se party) (tc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
LAFAYETTE DIVISION
ANTHONY D. OWEN,

)
)
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)
)
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)
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Petitioner,
v.
WARDEN,
Respondent.

No. 4:17-CV-98-RL-JEM

OPINION AND ORDER
This matter is before the Court on the Motion to Dismiss
Petition as Moot filed on by Warden on May 3, 2018.

ECF 8.

Anthony D. Owen, a prisoner without a lawyer, filed a habeas corpus
petition challenging his prison disciplinary hearing in ISP 17-040275 where a Disciplinary Hearing Officer (DHO) at the Indiana
State Prison found him guilty of possession of a hazardous chemical
in violation of A-106 on April 28, 2017.

ECF 1 at 1.

As a result,

Owen was sanctioned with the loss of 90 days earned credit time.
Id.
After Owen filed his petition, the finding of guilt and
sanctions were vacated.

ECF 8-2.

The Warden has filed a motion to

dismiss because this case is now moot.

ECF 8.

a response and the time for doing so has passed.
Cr.

R.

47-2.

Regardless,

the

Court

Owen did not file
See N.D. Ind. L.

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, Owen has already won and there

is no case left for this Court to decide.
must be dismissed.
Cir.

2003)

Accordingly, this case

See Hadley v. Holmes, 341 F.3d 661, 664 (7th

(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.

DATED: June 6, 2018

/s/ RUDY LOZANO, Judge
United States District Court