MAYFIELD v. BROWN ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION CAMERON MAYFIELD, ) ) Petitioner, ) ) v. ) No. 2:19-cv-00455-JPH-MG ) RICHARD BROWN, ) ) Respondent. ) ORDER TO SHOW CAUSE Cameron Mayfield's petition for a writ of habeas corpus seeks relief from his conviction in disciplinary case 19-06-0005 in 2019, while he was a prisoner at Wabash Valley Correctional Facility. According to the Indiana Department of Correction's (IDOC) web site, Mr. Mayfield was discharged from IDOC custody on February 16, 2021. See IDOC, Indiana Offender Database, avail. at https://www.in.gov/apps/indcorrection/ofs/ofs (last visited May 20, 2021). Mr. Mayfield has provided the Court with additional evidence confirming that he is no longer in the custody of the IDOC, having updated his contact information with a residential address, dkt. 16. Once a habeas petitioner's "sentence has expired . . . some concrete and continuing injury other than the now-ended incarceration or parole—some 'collateral consequence' of the conviction—must exist if the suit is to be maintained.'" Spencer v. Kemna, 523 U.S. 1, 7 (1998). "[I]t is unclear whether a prisoner may allege sufficient collateral consequences from a prison disciplinary action to avoid dismissal after physical custody has ended." Eichwedel v. Curry, 700 F.3d 275, 279 (7th Cir. 2012). However, "it is clear that . . . the burden is on [the petitioner] to establish those consequences." Id. Mr. Mayfield shall have through June 25, 2021, to show cause why this action should not be dismissed as moot. Failure to do so in the time provided will result in the immediate dismissal of this action without further warning or opportunity to show cause. SO ORDERED. Date: 5/20/2021 Sjamu Patrick anor James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: CAMERON MAYFIELD 3433 N. College Ave. Indianapolis, IN 46205 Frances Hale Barrow INDIANA ATTORNEY GENERAL frances.barrow @atg.in.gov