Opinion
Case No. 3:17-CV-543-JD-MGG
12-12-2017
KIAUNDRAY ROGERS, Petitioner, v. SUPERINTENDENT, Respondent.
OPINION AND ORDER
Kiaundray Rogers, a prisoner without a lawyer, filed a habeas corpus petition challenging his prison disciplinary hearing in MCF 16-09-0447 where a Disciplinary Hearing Officer (DHO) at the Miami Correctional Facility found him guilty of assault on staff in violation of A-117 on October 11, 2016. ECF 1 at 1. As a result, Rogers was sanctioned with the loss of 90 days earned credit time and demoted from Credit Class 2 to Credit Class 3. Id.
After Rogers filed his petition, the finding of guilt and sanctions were vacated. ECF 5-2 (Ex. B). The Warden has now filed a motion to dismiss because this case is now moot. ECF 5. Rogers did not file a response and the time for doing so has passed. See N.D. Ind. L. Cr. R. 47-2. Because the challenged disciplinary proceeding and sanctions have been vacated, this case 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 (ECF 5) is GRANTED and the case is DISMISSED. The clerk is DIRECTED to close this case.
SO ORDERED.
ENTERED: December 12, 2017
/s/ JON E. DEGUILIO
Judge
United States District Court