BLACKMON-EL v. HANLON

Filing 13

Entry Discussing Petition for Writ of Habeas Corpus: The respondent's motion to dismiss 8 is GRANTED. Judgment consistent with this Entry shall now issue **SEE ENTRY**. Signed by Judge William T. Lawrence on 1/11/2010. (DWH)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA

JUAN C. BLACKMON-EL,

) ) Petitioner, ) vs. ) ) THOMAS D. HANLON, Superintendent, ) ) Respondent. )

No. 1:09-cv-1129-WTL-TAB

Entry Discussing Petition for Writ of Habeas Corpus In a prison disciplinary proceeding identified as No. CIC 09-06-0198, Juan Blackmon-El 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). Blackmon-El opposes this resolution of his habeas petition, but states only in conclusory terms his concern that he will be unable to obtain a fair hearing. This concern fails to address the significance of the post-filing administrative action taken with respect to the disciplinary proceeding which is challenged here. The respondent's motion to dismiss (dkt 8) is granted. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED.

Date: 01/11/2010 _______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana