Gibbs-EL v. Superintendent

Filing 15

OPINION AND ORDER DENYING 13 Petition for No-Answer Default Judgment by Petitioner Kenneth Willis Gibbs-EL; GRANTING 11 Motion to Dismiss Petition as Moot by Respondent Superintendent. This case is DISMISSED. Signed by Judge Robert L Miller, Jr on 2/18/2014. (lns)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
KENNETH WILLIS GIBBS-EL,
Petitioner,
v.
SUPERINTENDENT
Respondent.

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CAUSE NO. 1:13-CV-257 RM

OPINION AND ORDER
Kenneth Willis Gibbs-El, a pro se prisoner, filed this habeas corpus petition
challenging a prison disciplinary hearing that the Disciplinary Hearing Body (DHB) at
the Miami Correctional Facility conducted on July 2, 2013, under cause number MCF
13-06-189. The Respondent filed a motion to dismiss, arguing that the case was moot
because the finding of guilt had been vacated, the sanctions restored, and the case
remanded for a re-hearing.
Mr. Gibbs-El argues that the respondent hasn’t demonstrated that the finding of
guilt was vacated and the sanctions restored. Mr. Gibbs-El hasn’t submitted anything
demonstrating that they were not. The respondent filed a letter signed by counsel for
the Indiana Department of Correction stating that the sanctions have been vacated and
the case remanded for rehearing. Absent any contradictory evidence, that letter is
sufficient evidence to demonstrate that this case is moot.
Mr. Gibbs-El argues that the motion to dismiss is untimely and he filed a motion
asking for default because the respondent didn’t respond by the deadline. The original

deadline for a response was November 26, 2013. The respondent sought and was
granted an enlargement of time before that deadline expired. The new deadline was
January 30, 2014. The motion to dismiss was filed on that day. The motion is timely and
there is no basis for default. Moreover, it is unclear what benefit Mr. Gibbs-El believes
would be achieved if the motion to dismiss were denied and his habeas corpus petition
were granted by default. The Indiana Department of Correction already has vacated the
proceeding and restored his time. He has already won and there is no case left for this
court to decide.
For the foregoing reasons, the motion for default (DE 13) is DENIED; the motion
to dismiss (DE 11) is GRANTED, and this case is DISMISSED.
SO ORDERED.
ENTERED: February 18 , 2014
/s/ Robert L. Miller, Jr.
Judge
United State District Court

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