Opinion
CAUSE NO. 3:08-CV-134 TLS.
September 24, 2008
OPINION AND ORDER
Petitioner Arthur G. Boyd, a pro se prisoner, filed an Amended Habeas Corpus Petition [DE 3] seeking to have this Court "enforce [the] order granted on April 18, 2006 by Porter Superior Court allotting petitioner 299 credit days for 299 actual days served." (Am. Pet. ¶ 15, DE 3 at 9.) In response, the Respondent filed a Motion to Dismiss [DE 11] along with a Memorandum in Support [DE 12], and the Petitioner then filed a Traverse [DE 13]. The Respondent argues that the case is moot because Boyd has received the credit time as ordered. Randall Short, Supervisor of Offender Placement Services for the Indiana Department of Corrections (IDOC), provided the following information to support that claim in a signed declaration:
2. I have reviewed the DOC's Offender Information System on Arthur G. Boyd, DOC number 983851. I have also reviewed Judge Mary R. Harper's Order Granting Modification of Sentencing Order issued in Cause Number 64D05-0205-FB-4072 and dated April 18, 2006. I can attest that the DOC is in compliance with this Order because the DOC has credited Mr. Garner with 299 days physically served and 299 days of earned credit time for a total of 598 days (Exhibit 1B).
3. The attached Credit Calculation Detail reflects that Mr. Boyd was properly credited with 299 days time served and 299 days earned credit time (Exhibit 1B).
(Decl. of Randall Short, DE 12-2 at 1) (emphasis added). Attached to the Declaration is the Petitioner's Detail Credit Time Calculation as of August 6, 2008. Although Short's Declaration [DE 12-2] erroneously references a "Mr. Garner," this appears to be a scrivener's error because it also twice mentions Boyd by name and once by IDOC number. Also, attached to the Declaration is the Petitioner's Detail Credit Time Calculation. Although the Petitioner tries to make an issue of this error in his Traverse, the sole question before the Court is whether he has received proper credit for his time served. Therefore, it is irrelevant that the Declaration erroneously mentions a "Mr. Garner."
In his Traverse, the Petitioner argues that "[t]here [are] no records to show that the respondent complied with court order," (Traverse ¶ 1, DE 13-1 at 1), and that
From petitioner's sentencing date of 3-04-2003 till the current time, including but not limited to all the credit days loss, petitioner's record still only reflect 299 actual days, and not the additional 299 credit days for a total of 598 days.(Id. at ¶ 7, DE 13-1 at 4).
It is true that the Detail Credit Time Calculation report (Resp't Ex. 1B, DE 12-2 at 2) can be difficult to read and understand because it contains many rows and columns of numbers. Nevertheless, the review here is straightforward because it only requires a few pieces of data from this report, which is attached as an Appendix to this Order.
After the column headings, the second row of information demonstrates that the Petitioner received the credit time at issue here. Under the heading "TIME SERVD," the report shows "299," which indicates that he has received credit for the 299 days that he actually physically served. In that same row, under the heading "EARND CR TM," the report shows "299," which indicates that he has received credit for the 299 days of earned credit time associated with the 299 days that he actually served. This means that he indeed did receive the 299 days credit time in addition to the 299 days he actually served, for a total of 598 days credited against his prison term.
This is confirmed by reviewing the numbers in the column titled "REMN TIME," which shows how much time he has remaining to be served. The first number in that column shows that he began with 4749 days remaining to be served, and, after subtracting the 598 days credited by that row, he then had 4151 days remaining (4749-4151=598).
Because the Petitioner has received credit for these days, the Amended Petition [DE 3] is moot, and the Respondent's Motion to Dismiss (DE 11) is GRANTED.
SO ORDERED
EXHIBIT 1B
Appendix to Court's Order [DE 14] in Boyd v. Superintendent, 3:08-CV-134-TS. The table below is Exhibit 1B of the Respondent's Memorandum in Support [DE 12-2 at 2].
REPORT ID: RPT052 INDIANA DEPARTMENT OF CORRECTION DATE: 08/06/2008 WESTVILLE CONTROL UNIT DETAIL CREDIT TIME CALCULATION TIME: 13:29:15 AS OF 08/06/2008 PAGE: 2 OFFENDER: BOYD, ARTHUR DOC NUMBER: 983851 LOCATION: WCU CC: 0 HD: 0 DOC EARN CREDIT TIME: 1370 SENT NO: 002 JTC: 299 ECR EARN CREDIT TIME: 0 CAUSE NO: 64D05-0205-FB-4072 FTI: 4749 DOC INTAKE DATE: 02-19-1998 COUNT NO: 01 DOS: 03-04-2003 MRD: 07-31-2015 EDS: 07-31-2002 DISCHARGE DATE 00-00-0000 MAN ADJTD ADJTD ACTION SEQ FAC/ OVR CRD TIME EARN EARND ADJ EARND EARND REMN PROJ PROJ DATE NO ACTION INST ID FLG CLS SERVD MULT CR TM DAYS ED TM CR TM TIME MULT TIME PRD 07-31-2002 0 INITIAL ACTION ISR SYP SYSTEM N 1 0 1.000 0 0 0 0 4749 0.50000 2375 01-29-2009 05-26-2003 0 JTC WCU RS 90-304 N 1 299 1.000 299 0 0 299 4151 0.50000 2076 01-29-2009 07-02-2003 0 DEPRIVE 45 DAYS ISR ALM 92619 N 1 37 1.000 37 -45 0 -8 4122 0.50000 2061 02-20-2009 08-27-2003 0 DEMOTE CC3 ISR ALM 92619 N 3 56 1.000 56 0 0 56 4010 1.00000 4010 08-18-2014 09-05-2004 0 PROMOTE TO CC2 ISR HEW 00-018 N 2 375 0.000 375 0 0 0 3635 0.66666 2423 04-24-2011 03-05-2005 0 PROMOTE TO CC1 ISP PAP 00-706 N 1 181 0.500 181 0 0 91 3363 0.50000 1682 10-11-2009 09-07-2005 0 RESTORE 12 DAYS ISP FB 04-112 N 1 186 1.000 186 12 0 198 2979 0.50000 1490 10-05-2009 11-28-2005 0 DEPRIVE 90 DAYS ISP PAP 00-706 N 1 82 1.000 82 -90 0 -8 2905 0.50000 1453 11-19-2009 08-10-2006 0 DEPRIVE 60 DAYS ISP PAP 00-706 N 1 255 1.000 255 -60 0 195 2455 0.50000 1228 12-19-2009 01-09-2007 0 DEPRIVE 60 DAYS ISP FB 04-112 N 1 152 1.000 152 -60 0 92 2211 0.50000 1106 01-18-2010 02-15-2007 0 DEPRIVE 30 DAYS ISP PAP 00-706 N 1 37 1.000 37 -30 0 7 2167 0.50000 1084 02-02-2010 12-10-2007 0 DEPRIVE 90 DAYS ISP PAP 00-706 N 1 298 1.000 298 -90 0 208 1661 0.50000 831 03-19-2010