CARRICO v. ZATECKY
| MICHAEL CARRICO |
| D. ZATECKY |
| PENDLETON CF (Court Use Only) |
| 1:2018cv01522 |
| May 17, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Tanya Walton Pratt |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
15
ENTRY - GRANTING 8 MOTION TO DISMISS AND DIRECTING ENTRY OF FINAL JUDGMENT. This matter is before the Court on Petitioner Michael Carrico's Petition for Writ of Habeas Corpus challenging his conviction on January 17, 2018, in prison disciplina ry case number ISR 18-01-0017. Under Indiana Department of Correction (IDOC) policy, a suspended sanction may not be invoked more than six months after the disciplinary action from which the suspended sanction was imposed. Because Mr. Carrico's hearing was held on January 17, 2018, and the suspended sanction has not been invoked, the respondent now moves to dismiss the petition as moot. This action is now moot because disciplinary case number ISR 18-01-0017 has not affected--and cannot affe ct moving forward--the fact or duration of Mr. Carrico's custody. The IDOC may no longer invoke the suspended deprivation of earned credit time that resulted from this case. Therefore, the respondent's motion to dismiss, dkt. 8 , is granted, and Mr. Carrico's petition is dismissed. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 2/1/2019. (NAD)
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