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)

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

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