Filing 23

ENTRY granting Respondent's 15 Motion to Dismiss (see Entry for details). Judgment consistent with this Entry shall now issue. Copy to Petitioner via US Mail. Signed by Judge William T. Lawrence on 11/5/2014. (SWM)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JOHN H. REDMOND, IV Petitioner, vs. WENDY KNIGHT, Respondent. ) ) ) ) Case No.1:13-cv-1572-WTL-TAB ) ) ) ) Entry Dismissing Petition for Writ of Habeas Corpus In a prison disciplinary proceeding identified as No. CIC 13-07-0225, John Redmond was found guilty of violating prison rules and was sanctioned with a written reprimand, a thirty-day loss of telephone privileges, and a fifteen-day earned credit time deprivation. On August 21, 2014, after additional review of this case, the Indiana Department of Correction (“DOC”) dismissed the disciplinary case and rescinded the sanctions. The disciplinary conviction and earned credit time deprivation under case number CIC 13-07-0225 no longer appears in Redmond’s DOC records. See Declaration of Joel Lyttle. Though he challenges this assertion, Redmond has presented no evidence to the contrary. Because the sanctions have been rescinded and the disciplinary action has been expunged from his records, Redmond’s habeas challenge is moot. Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (Aif 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). An action 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). The fact that the habeas claim was not moot when filed does not prevent the recognition that the claim became moot once the suspended sanction could no longer be imposed. See United States v. Munsingwear, Inc., 340 U.S. 36, 39 (1950). AThe requisite personal interest that must exist at the commencement of the litigation . . . must continue throughout its existence.@ Arizonans for Official English v. Arizona, 520 U.S. 43, 68 n.22 (1997)(internal quotation marks omitted). The respondent’s motion to dismiss [dkt 15] is granted. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED. Date: 11/05/14 _______________________________ Distribution: Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana JOHN H. REDMOND, IV DOC # 147172 PENDLETON - CIF CORRECTIONAL INDUSTRIAL FACILITY Inmate Mail/Parcels 5124 West Reformatory Road PENDLETON, IN 46064 All electronically registered counsel

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