MILLER v. WARDEN

MILLER v. WARDEN

Petitioner:	DEMETRIUS MILLER
Respondent:	WARDEN
Case Number:	1:2018cv01913
Filed:	June 21, 2018
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Mark J. Dinsmore
Presiding Judge:	Tanya Walton Pratt
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
April 30, 2019	Filing 14 ORDER - GRANTING PETITION FOR WRIT OF HABEAS CORPUS, VACATING SANCTIONS, AND DIRECTING ENTRY OF FINAL JUDGMENT. The petition of Demetrius Miller for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. NCF 16-09-0 154. For the reasons explained in this Entry, Mr. Miller's habeas petition must be GRANTED. Because Mr. Miller was denied due process in No. NCF 16-09-0154, his disciplinary conviction must be VACATED AND RESCINDED. Mr. Miller's petition for a writ of habeas corpus is GRANTED. His earned credit time and credit-earning class must be IMMEDIATELY RESTORED, and his new release date must be calculated accordingly. Judgment consistent with this Order shall now issue. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 4/29/2019.(NAD)

Date Filed

Document Text

April 30, 2019

Filing 14 ORDER - GRANTING PETITION FOR WRIT OF HABEAS CORPUS, VACATING SANCTIONS, AND DIRECTING ENTRY OF FINAL JUDGMENT. The petition of Demetrius Miller for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. NCF 16-09-0 154. For the reasons explained in this Entry, Mr. Miller's habeas petition must be GRANTED. Because Mr. Miller was denied due process in No. NCF 16-09-0154, his disciplinary conviction must be VACATED AND RESCINDED. Mr. Miller's petition for a writ of habeas corpus is GRANTED. His earned credit time and credit-earning class must be IMMEDIATELY RESTORED, and his new release date must be calculated accordingly. Judgment consistent with this Order shall now issue. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 4/29/2019.(NAD)

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Petitioner: DEMETRIUS MILLER
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Respondent: WARDEN
Represented By:	Marjorie H. Lawyer-Smith
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