CAMPBELL v. ZATECKY

Filing 11

ENTRY on Respondent's Motion to Dismiss. The petitioner has not opposed the motion to dismiss. Because he failed to timely exhaust his administrative remedies before filing this action, the respondent's unopposed motion to dismiss [dkt. 9] must be granted. Signed by Judge Jane Magnus-Stinson on 9/23/2015. Copy sent to Petition via U.S. Mail. (BGT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
MICHAEL CAMPBELL,
Petitioner,
v.
ZATECKY,
Respondent.

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Case No. 1:15-cv-00719-JMS-MJD

Entry on Respondent’s Motion to Dismiss
In this habeas action, the petitioner challenges a prison disciplinary conviction for a Class
A 111/117 offense of attempted assault on staff, case ISR14-07-0054. The petitioner was found
guilty on November 7, 2014, and sanctions, including the deprivation of 180 days of earned credit
time, were imposed.
The respondent seeks the dismissal of this action on the grounds that the petitioner failed
to exhaust his administrative appeals process. The petitioner did not appeal the hearing officer’s
decision to either the Facility Head or to the Final Reviewing Authority.
“Indiana does not provide judicial review of decisions by prison administrative bodies, so
the exhaustion requirement in 28 U.S.C. § 2254(b) is satisfied by pursuing all administrative
remedies.” Moffat v. Broyles, 288 F.3d 978, 981 (7th Cir. 2002). “Indiana offers two levels of
administrative review: a prisoner aggrieved of the decision of a disciplinary panel may appeal first
to the warden and then to a statewide body called the Final Reviewing Authority.” Id. at 981-982.
The petitioner has not opposed the motion to dismiss. Because he failed to timely exhaust
his administrative remedies before filing this action, the respondent’s unopposed motion to dismiss
[dkt. 9] must be granted.

Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

September 23, 2015
Date: __________________

Distribution:
Electronically Registered Counsel
Michael Campbell
DOC #166640
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 W. Reformatory Road
Pendleton, IN 46064

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana