BAILEY v. WRIGLEY

Filing 14

ENTRY Discussing Petition for Writ of Habeas Corpus - The respondent's motion to dismiss (dkt 12 ) is granted. Judgment consistent with this Entry shall now issue. Signed by Judge William T. Lawrence on 12/28/2009.(TRG)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA JOCCO BAILEY, Petitioner, v. SUPERINTENDENT WRIGLEY, Respondent. ) ) ) ) ) ) ) )

No. 1:09-cv-1076-WTL-JMS

Entry Discussing Petition for Writ of Habeas Corpus In a prison disciplinary proceeding identified as No. 1:09-cv-1076-WTL-JMS, Jocco Bailey was found guilty of violating prison rules and was sanctioned. That determination has since been vacated and a new hearing will be conducted. This renders the habeas action moot, and an action which is moot must be dismissed for lack of jurisdiction. Diaz v. Duckworth, 143 F.3d 345, 347 (7th Cir. 1998); Board of Educ. of Downers Grove Grade School Dist. No. 58 v. Steven L., 89 F.3d 464, 467 (7th Cir. 1996), cert. denied, 117 S. Ct. 1556 (1997). The respondent's motion to dismiss (dkt 12) is granted. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED.

Date: 12/28/2009

Distribution: Jocco Bailey No. 873649 Indiana State Prison Inmate Mail/Parcels One Park Row Michigan City, IN 46360 [e-mail]

_______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana