SCHMITT v. KNIGHT

Filing 17

Entry Denying Post-Judgment Motion for Assistance - Mr. Schmitt's motion, dkt. 15 , is denied. There is no double jeopardy bar to being prosecuted more than once in prison disciplinary actions. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 3/13/2018. (BRR)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JON SCHMITT, Petitioner, v. WENDY KNIGHT, Respondent. ) ) ) ) ) ) ) ) ) No. 1:16-cv-02810-TWP-TAB Entry Denying Post-Judgment Motion for Assistance Petitioner Jon Schmitt successfully petitioned for a writ of habeas corpus concerning his prison disciplinary action, prison case number CIC 16-04-0179, with judgment entered February 5, 2018, vacating the disciplinary sanctions. Mr. Schmitt now moves the Court for assistance, reporting that prison officials are proceeding to re-charge him with the same disciplinary violation. Mr. Schmitt’s motion, dkt. [15], is denied. There is no double jeopardy bar to being prosecuted more than once in prison disciplinary actions. United States v. Morales, 312 Fed. Appx. 823, 824 (7th Cir. 2009); Meeks v. McBride, 81 F.3d 717, 722 (7th Cir. 1996). IT IS SO ORDERED. Date: 3/13/2018 Distribution: Jon Schmitt 213032 Correctional Industrial Facility Inmate Mail/Parcels 5124 West Reformatory Road Pendleton, IN 46064 Electronically Registered Counsel

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