HENSON v. FINNAN

Filing 15

ORDER granting respondent's 11 Motion to Dismiss and Directing Entry of Judgment (S.O.) cm. Signed by Judge Sarah Evans Barker on 3/1/2010. (MAC)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TIMOTHY G. HENSON, Petitioner, v. ALAN FINNAN, Respondent. ) ) ) ) ) ) ) )

No. 1:09-cv-1340-SEB-JMS

Entry Discussing Petition for Writ of Habeas Corpus In a prison disciplinary proceeding identified as No. ISR 08-08-0037, Timothy Henson 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 11) is granted. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED.

Date:

03/01/2010
_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana