SMITH v. PETERS

Filing 14

Entry Discussing Petition for Writ of Habeas Corpus - The prison disciplinary proceeding has been remanded 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. 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 10/25/2010. c/m (TMA)

SMITH v. PETERS

Doc. 14

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA JAMES SMITH, Petitioner, v. SUPERINTENDENT PETERS, Respondent. ) ) ) ) ) ) ) )

No. 1:10-cv-711-WTL-DML

Entry Discussing Petition for Writ of Habeas Corpus In a prison disciplinary proceeding identified as No. BTC 10-04-045, James Smith was found guilty of violating prison rules and was sanctioned. The prison disciplinary proceeding has been remanded 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: 10/25/2010 _______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana

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