Lavelle Malone v. Keith Butts and Bruce Lemmon

OPINION

BROWN, Judge.

Lavelle Malone, pro se, appeals from the trial court’s order granting a motion to dismiss filed by Keith Butts, Superintendent of the Pendleton Correctional Facility and Bruce Lemmon, Commissioner of the Indiana Department of Correction (collectively, the “DOC”). Malone raises one issue which we revise and restate as whether the court erred in dismissing his Action for Mandate for failure to state a claim upon which relief can be granted. We affirm.

The relevant facts follow. On April 1, 2011, Malone was found guilty by the Disciplinary Hearing Board (“DHB”) of violating…