Love v. Sherrod

3:10-cv-00417 | S.D. Ill. | Feb 6, 2013

Case 3:10-cv-00417-DRH-SCW Document 20 Filed 02/06/13 Page 1 of 1 Page ID #43

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ROBERT LOVE, Petitioner, vs. W A SHERROD, [1] Respondent. No. 10-cv-417-DRH-SCW

MEMORANDUM AND ORDER HERNDON, Chief District Judge: Petitioner Robert Love, currently incarcerated at FCI Greenville, brings this habeas corpus action pursuant to 28 U.S.C. § 2241 (Doc. 1). Petitioner alleges he was wrongly disciplined and sanctioned to the loss of forty-one (41) days of good conduct credit time. In response, the government notes the Bureau of Prisons informed it that the disciplinary proceeding petitioner complains of has been expunged from his record and that petitioner’s good conduct time has been fully restored. Thus, this petition is moot and should be dismissed (Doc. 9). In reply, petitioner does not object to the government’s statements (Doc. 11). Thus, the Court finds this petition is DENIED as MOOT . Petitioner’s claims are DISMISSED without prejudice .

Digitally signed by David IT IS SO ORDERED. R. Herndon Signed this 6 th day of February, 2013. Date: 2013.02.06 16:18:37

-06'00' Chief Judge United States District Court

NOTES

[1] As James N. Cross is the warden at Greenville FCI, the Clerk is instructed to designate James N. Cross as the proper respondent in this action. See al-Marri v. Rumsfeld, 360 F.3d 707, 712 (7th Cir. 2004). Page 1 of 1