Opinion
No. 2:18 CV 337
01-10-2020
JEROME D. ROBERTSON, Petitioner, v. WARDEN, Respondent.
OPINION and ORDER
Jerome D. Robertson, a prisoner without a lawyer, filed a habeas corpus petition challenging his prison disciplinary hearing in NCN 18-03-109 where a Disciplinary Hearing Officer (DHO) at the New Castle Correctional Facility found him guilty of sexual conduct in violation of Indiana Department of Correction (IDOC) offense B-216 on April 5, 2018. (DE # 1 at 1.) As a result, Robertson was sanctioned with the loss of 90 days earned credit time and a one-step demotion in credit class. (Id.)
On December 18, 2018, IDOC's Final Reviewing Authority reconsidered Robertson's appeal in disciplinary case NCN 18-03-109 and vacated the finding of guilt and sanctions. (DE # 34-1 at 1; DE # 34-6 at ¶¶ 6, 7.) Two days later, on December 20, 2018, the Warden filed a motion to dismiss the case. (DE # 9.) Robertson objected to the motion, asserting that his earned credit time had not been restored. (DE ## 12, 13, 14, 18.) On May 31, 2019, the court took the motion under advisement and ordered the Warden to file a reply, including appropriate prison records, clarifying whether Robertson's earned credit time was returned to him and Robertson's demotion to Credit Class C had been reversed. (DE # 19.)
Because the Warden originally filed the motion to dismiss (DE # 12) and corresponding memorandum (DE # 13) in the wrong case, No. 2:18-CV-338, the court directed the Clerk to place the filings (now DE # 16 and DE # 17, respectively) on the docket in this case, No. 2:18-CV-337. See 2:18-CV-338, DE # 20.
On July 17, 2019, the Warden responded to the court's May 31, 2019, order. (DE # 23.) The Warden then moved to file an amended response, and, on July 25, 2019, the court granted that motion. (DE # 25.) However, the Warden did not file exhibits with the amended response and the exhibits filed with the original response at docket entry 23-1 through 23-5 did not appear to pertain to disciplinary case NCN 18-03-109. (DE # 31.) On August 9, 2019, the court denied the Warden's motion to dismiss with leave to refile. (Id.)
On August 15, 2019, the Warden filed a second motion to dismiss, along with documentation showing that Robertson's earned credit time had been returned to him and his demotion to Credit Class C had been reversed. (DE # 34.) Specifically, the Warden produced the declaration of Jennifer Farmer, who is the Director of IDOC's Sentence Computation and Release Unit. (DE # 34-6 at ¶ 2.) She testified that as a "result of IDOC vacating the sanctions in case[] NCN 18-03-0109 . . . . , [she] removed the sanctions from Robertson's credit class calculation." (DE # 34-6 at ¶ 7.) She further testified that, on January 8, 2019, Robertson's case was reheard and he was sanctioned with a 90-day loss of earned credit time and a one-step demotion in credit class. (Id. at ¶ 8.) Moreover, the Warden produced records from the prison's Offender Information System which show that IDOC removed the sanctions from Robertson's credit calculation record; thereby, restoring his lost time. (DE ## 34-3 at 4; 34-4 at 2-3; 34-5 at 2-4.)
If Robertson wants to challenge the January 8, 2019, rehearing in disciplinary case NCN 18-03-109, he will need to file a new petition. --------
Accordingly, because Robertson's guilty finding and sanctions have been vacated, this case is moot and must be dismissed. See Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003) (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 (DE # 34) is GRANTED and the case is DISMISSED. The Clerk is DIRECTED to close this case.
SO ORDERED.
Date: January 10, 2020
s/James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT