Inghels v. Superintendent

Filing 15

OPINION AND ORDER granting 10 Motion to Dismiss. Signed by Judge Jon E DeGuilio on 1/9/2014. (kds)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
SHANE INGHELS,

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Petitioner,
v.
SUPERINTENDENT,
Respondent.

Case No. 3:12-CV-754 JD

OPINION AND ORDER
Shane Inghels, a pro se prisoner, filed this habeas corpus case challenging his prison
disciplinary hearing (WCC 12-04-167) held at the Westville Correctional Facility on April 20, 2012.
In response, the respondent filed a motion to dismiss arguing that, “Because the conviction and
sanctions challenged in the Petition for Writ of Habeas Corpus in this case have been vacated, and
the administrative case has been dismissed in its entirety, this proceeding is now moot and this Court
lacks a case or controversy to adjudicate.” DE 10 at 2. In addition the respondent has submitted a
letter from the Indiana Department of Correction indicating that the charges have been dismissed
and the sanctions rescinded. DE 10-1. Though Inghels sought and was granted two enlargements of
time to reply, the deadline for doing so passed on December 12, 2013. To date, the court has not
received a reply from him. Nevertheless, Inghels won. The respondent conceded. Thus, this case
must be dismissed because there is no case or controversy to adjudicate. See Hadley v. Holmes, 341
F.3d 661, 664 (7th Cir. 2003). For the foregoing reasons: the court GRANTS the motion to dismiss
(DE 10) and DISMISSES this case.
SO ORDERED.
ENTERED:

January 9, 2014
/s/ JON E. DEGUILIO
Judge
United States District Court