EDMOND v. ZATECKY

Filing 10

ENTRY - Discussing Petition for Writ of Habeas Corpus; The respondent's motion to dismiss [Dkt. No. 8] is granted. Judgment consistent with this Entry shall now issue. Signed by Judge Sarah Evans Barker on 6/17/2013. Copy Mailed. (CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
THOMAS EDMOND,
Petitioner,
v.
DUSHAN ZATECKY,
Respondent.

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) Case No. 1:13-cv-0379-SEB-DML
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Entry Discussing Petition for Writ of Habeas Corpus
In a prison disciplinary proceeding identified as No. ISR 12-07-0105, petitioner Thomas
Edmond was found guilty of possession of an electronic device. Thomas was sanctioned with the
loss of 19 days earned good time, a period of time in disciplinary segregation, and a written
reprimand. Edomond’s administrative appeals were rejected, but after the habeas action was filed
the Indiana Department of Correction reviewed the matter, vacated the finding of misconduct,
and ordered a rehearing.
The action by the DOC in vacating the prior finding of misconduct renders
this action moot.

Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992)

(“if an event occurs while a case is pending . . . that makes it impossible for the court to grant
‘any effectual relief whatever’ to a prevailing party, the [case] must be dismissed.”)(quoting
Mills v. Green, 159 U.S. 651, 653 (1895)). “A case is moot when issues presented are no longer
‘live’ or the parties lack a legally cognizable interest in the outcome.” Erie v. Pap’s A.M., 529
U.S. 277, 287 (2000) (internal citations omitted).
A case which is moot must be dismissed for lack of jurisdiction. 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). When it is determined that a court lacks jurisdiction, its only
course of action is to announce that fact and dismiss the case. Steel Co. v. Citizens for a Better
Environment, 523 U.S. 83, 94 (1998)(“‘Jurisdiction is power to declare the law, and when it
ceases to exist, the only function remaining to the court is that of announcing the fact and
dismissing the cause.’”)(quoting Ex parte McCardle, 7 Wall, 506, 514, 19 L.Ed. 264 (1868)).
The respondent’s motion to dismiss [Dkt. No. 8] is granted. Judgment consistent with
this Entry shall now issue.

IT IS SO ORDERED.

06/17/2013
Date: _________________
Distribution:
Thomas Edmond
No. 966330
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064
All electronically registered counsel

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana