BINION v. STINE

Filing 16

Entry Discussing Petition for Writ of Habeas Corpus - Respondent's Motion to Dismiss (Dkt. No. 14 ) is GRANTED. Judgment consistent with this Entry shall now issue. Signed by Judge Tanya Walton Pratt on 8/5/2011. (JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

BILLY BINION,
Petitioner,
v.
SUPERINTENDENT STINE,
Respondent.

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No. 1:11-cv-405-TWP-TAB

Entry Discussing Petition for Writ of Habeas Corpus
In a prison disciplinary proceeding identified as No. NCF 11-01-0128, Billy Binion
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. No. 14) is granted. Judgment
consistent with this Entry shall now issue.

IT IS SO ORDERED.
08/05/2011
Date: _______________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
Linda Sue Leonard
[e-mail]

Billy Binion
DOC #135590
New Castle Correctional Facility
Inmate Mail/Parcels
1000 Van Nuys Road
New Castle, IN 47362