Lauderdale-El v. Indiana Parole Board

Ct. of Appeals found that Dist. Ct.’s entry of order dismissing without prejudice petitioner-prisoner’s habeas petition due to petitioner’s failure to exhaust his state-court remedies constituted final and appealable judgment and overruled two cases, Garcia, 792 F.ed 732 and Moore, 368 F.3d 754 that held to contrary. Also, instant appeal was not moot, even though petitioner had been released from prison, where petitioner remained on parole, and petitioner’s claim that he was wrongfully denied good-time credits, if successful, could affect time spent on parole. Also, Dist. Ct. did not err in dismissing petitioner’s habeas petition, where record showed that petitioner could have pursued his good-time credit restoration claim in state court.