UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

CORNELIUS RATLIFF, ) ) Petitioner, ) ) v. ) No. 1:19-cv-04702-JPH-MJD ) DUSHAN ZATECKY, ) ) Respondent. )

Order Granting Respondent’s Unopposed Motion to Dismiss Cornelius Ratliff filed a petition for a writ of habeas corpus challenging his conviction in prison disciplinary case number ISR 19-06-116. The respondent moves to dismiss the petition, arguing that the disciplinary conviction and sanctions against the petitioner have been vacated, and consequently there is no longer a live case or controversy before the Court. Dkt. 7; dkt. 7-2. “A case becomes moot when it no longer presents a case or controversy under Article III, Section 2 of the Constitution.” Eichwedel v. Curry,

(7th Cir. 2012). A federal court may issue a writ of habeas corpus pursuant to

only if it finds the applicant “is in custody in violation of the Constitution or laws or treaties of the United States.”

(a) (emphasis added). A habeas action becomes moot if the Court can no longer “affect the duration of [the petitioner’s] custody.” White v. Ind. Parole Bd.,

(7th Cir. 2001). The petitioner is no longer in custody as a result of this disciplinary proceeding. The respondent’s motion to dismiss, dkt. [7], is granted. If the petitioner is found guilty upon rehearing and is deprived of earned credit time or demoted to a lower credit earning class, he may file a new habeas petition. The petition for a writ of habeas corpus is dismissed. Final Judgment in accordance with this decision shall now issue. SO ORDERED. Date: 4/3/2020 Sjamu Patrick anor James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: CORNELIUS RATLIFF 254410 PENDLETON - CF PENDLETON CORRECTIONAL FACILITY Inmate Mail/Parcels 4490 West Reformatory Road PENDLETON, IN 46064 Abigail T. Rom INDIANA ATTORNEY GENERAL abby.rom @ atg.in.gov