RILEY et al v. BUTTS et al
| CLINTON RILEY |
| ROBERT BUGHER, KEITH BUTTS, ADAM DEMING, L. HOBS, K. HOFMAN, HOLLINGER and T. THOMPSON |
| 1:2016cv03243 |
| November 30, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| William T. Lawrence |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
15
Entry Discussing Motion to Correct Error, Dismissing Complaint, and Directing Further Proceedings - Plaintiff Clinton Riley brought this action challenging disciplinary action taken against him which resulted in the deprivation of earned credit time and other sanctions. In the Entry of December 2, 2016, the Court reviewed the plaintiff's complaint and determined that because the complaint focused on disciplinary action taken against him and because he seeks, among other things, compensa tory damages and a declaration that these actions violated his right to due process, Riley had filed an improper habeas/civil rights hybrid action. Because such hybrid actions are not permitted and because the complaint focused on the disciplinary action, the Court directed the action to proceed a petition for a writ of habeas corpus. Riley has filed a motion to correct error arguing that the Court erred in construing his complaint as a petition for a writ of habeas corpus. The motion to co rrect error [dkt 11 ] having been fully considered, is granted. The complaint will be treated as a civil rights complaint and not a petition for a writ of habeas corpus. The Entry and Order to Show Cause issued on December 2, 2016, and the Order Appointing Indiana Federal Community Defender are each vacated. The appearance of Sara Varner is sua sponte withdrawn. For the reasons set forth in this Entry, the complaint must be dismissed. For the foregoing reasons, the complaint fails to s tate a claim upon which relief can be granted and is therefore dismissed. Riley shall have through January 30, 2017, to show cause why judgment consistent with this Entry shall not issue. Failure to comply with these directions may result in this dismissal of this action without further notice. (See Entry.) Copy to Plaintiff via US Mail. Signed by Judge William T. Lawrence on 12/22/2016.(BRR)
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