PHELPS v. KNIGHT, No. 1:2016cv02060 - Document 8 (S.D. Ind. 2016)
Court Description: Entry Granting Respondent's Motion to Dismiss - The petitioner has not opposed the motion to dismiss. Because the undisputed record reflects that he failed to timely exhaust his available administrative remedies before filing this action, the respondent's unopposed motion to dismiss [dkt. 6 ] must be granted. Judgment consistent with this Entry shall now issue. (See entry.) Copy to Petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 11/14/2016. (JLS)
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PHELPS v. KNIGHT Doc. 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MICHAEL PHELPS, Petitioner, vs. WENDY KNIGHT SUPERINTENDENT, Respondent. ) ) ) ) ) ) ) ) ) No. 1:16-cv-02060-TWP-MJD Entry Granting Respondent’s Motion to Dismiss In this habeas action, petitioner Michael Phelps challenges a prison disciplinary conviction. The petitioner was found guilty on August 17, 2015, of violating Code A-111/113 in CIC 15-080143 and sanctions, including the deprivation of 180 days of earned credit time, were imposed. The respondent seeks the dismissal of this action on the grounds that the petitioner failed to exhaust his administrative appeals process. In Indiana, only the issues raised in a timely appeal to the Facility Head and then to the Indiana Department of Correction Appeals Review Officer or Final Reviewing Authority may be raised in a subsequent Petition for Writ of Habeas Corpus. See 28 U.S.C. § 2254(b)(1)(A); Eads v. Hanks, 280 F.3d 728, 729 (7th Cir. 2002); Moffat v. Broyles, 288 F.3d 978, 981 (7th Cir. 2002). The respondent argues that the petitioner failed to exhaust the administrative appeals process, and because the time to complete such administrative appeals process has passed, no relief can be given under the habeas corpus doctrine. To support this, it provides evidence that neither of the two required appeals were appropriately completed. The petitioner has not opposed the motion to dismiss. Because the undisputed record reflects that he failed to timely exhaust his available administrative remedies before filing this action, the respondent’s unopposed motion to dismiss [dkt. 6] must be granted. Dockets.Justia.com Judgment consistent with this Entry shall now issue. IT IS SO ORDERED. Date: 11/14/2016 Distribution: MICHAEL PHELPS 220374 PENDLETON - CIF CORRECTIONAL INDUSTRIAL FACILITY Inmate Mail/Parcels 5124 West Reformatory Road PENDLETON, IN 46064 Electronically Registered Counsel
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