Oden v. Superintendent

Filing 12

OPINION AND ORDER: DISMISSING CASE AS MOOT. Signed by Judge Rudy Lozano on 11/23/2015. (lhc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
JARED ODEN,

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Petitioner,
vs.
SUPERINTENDENT,
Respondent.

CAUSE NO. 3:15-CV-195

OPINION AND ORDER
This matter is before the Court on the Petition (DE 5) under
28 U.S.C. Paragraph 2254 for Writ of Habeas Corpus filed by Jared
Oden, a pro se prisoner, on June 3, 2015. In the petition he is
challenging the prison disciplinary hearing (WCC 14-11-262) where
the Westville Correctional Facility Disciplinary Hearing Body (DHB)
found him guilty of Trafficking in violation of prison rule A-113
on November 19, 2014, and deprived him of 120 days earned credit
time and demoted him from Credit Class 1 to Credit Class 2. In
response, the respondent filed a motion to dismiss arguing that
“[b]ecause the conviction and sanctions at issue in the Petition
for Writ of Habeas Corpus in this case have been vacated, the
challenged proceeding is now moot, and this Court lacks a case or
controversy or adjudicate.” DE 10 at 2. The Respondent has also
attached a letter from the Indiana Department of Correction stating
that

the

sanctions

have

been

vacated.

DE

10-2.

Because

the

sanctions have been vacated, this case must be dismissed. See
Hadley v. Holmes, 341 F.3d 661, 664 (7th Cir. 2003).
For the foregoing reasons, the motion to dismiss (DE 10) is
GRANTED, and this case is DISMISSED AS MOOT.

DATED: November 23, 2015

/s/RUDY LOZANO, Judge
United State District Court

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