Opinion
No. 3:06cv0104 AS.
November 21, 2006
MEMORANDUM, OPINION AND ORDER
On or about February 9, 2006, pro se petitioner, Frank Hayes, an inmate at the Westville Correctional Facility (WCF) in Westville, Indiana, filed a petition seeking relief under 28 U.S.C. § 2254. The Attorney General of Indiana filed a motion to dismiss on or about September 29, 2006, demonstrating compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982).
The petitioner is a convicted felon serving a sentence imposed by a court in the State of Indiana. At the time of the filing of this petition he was incarcerated in the WCF in this district. He was the subject of a prisoner disciplinary proceeding held in August 2005 entitled cause number WCC 05-08-0042. As a result of that proceeding, this petitioner was deprived of 30 days of earned credit time, and was demoted from credit class I to credit class II, which implicates Wolff v. McDonnell, 418 U.S. 539 (1974). Additionally, he was also sanctioned with a six-month loss of phone privileges and a suspended sanction of six months disciplinary segregation which does not implicate a liberty interest under Sandin v. Conner, 515 U.S. 472 (1995).
There has been a good deal of Wolff due process already in place here. The proceeding challenged here has been set aside and renders this case moot. Therefore, this case is DISMISSED AS MOOT. IT IS SO ORDERED.