Summary
noting that if a petitioner has completed the term of disciplinary confinement at the time of the filing of the petition, the cause is moot unless the disciplinary conviction affected the duration of imprisonment, which is not the case for a life-sentenced inmate
Summary of this case from Johnson v. CertOpinion
CASE NO. 1:06-cv-00062-MP-AK.
May 22, 2009
ORDER
This matter is before the Court on Doc. 28, Report and Recommendation of the Magistrate Judge, recommending that the habeas petition of Mr. Batie, challenging the result of a prison disciplinary hearing, be dismissed with prejudice. The time for filing objections has passed, and none have been filed. The Court agrees with the Magistrate Judge that the state court's finding that the State had complied with its mandamus order was not contrary to, or involved an unreasonable application of, clearly established Supreme Court law and that the decision was not based on an unreasonable determination of the facts in light of the evidence presented to the state court. Accordingly, it is hereby
ORDERED AND ADJUDGED:
DONE AND ORDERED.
1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
2. This case is dismissed with prejudice, and the Clerk is directed to close the file.