MCCARTER v. BUTTS

Filing 25

ENTRY - 24 Motion to Dismiss is granted. Judgment consistent with this Entry shall now issue. See entry for details. Signed by Judge Tanya Walton Pratt on 12/14/2017. (Copy mailed to Petitioner) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JOHNNY F. MCCARTER,
Petitioner,
vs.
KEITH BUTTS,
Respondent.

)
)
)
)
) Case No. 1:17-cv-0600-TWP-MJD
)
)
)
)
Entry and Order Dismissing Action

Johnny F. McCarter seeks a writ of habeas corpus with respect to a prison disciplinary
proceeding identified as No. NCF 16-12-109. In the course of this action, the Indiana Department
of Correction reviewed the disciplinary case and decided to vacate the disciplinary hearing board’s
guilty verdict and rescinded the sanctions including the earned credit time loss and demotion in
credit class. The respondent argues that because the conviction and sanctions challenged in this
case have been vacated and completely dismissed this action is now moot and must be dismissed.
McCarter has not opposed or otherwise responded to the motion to dismiss.
A case becomes moot, and the federal courts lose subject matter jurisdiction, when a
justiciable controversy ceases to exist between the parties. See 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)); Honig v. Doe, 484 U.S.
305, 317 (1988) (grounding mootness doctrine in the Constitution’s Article III requirement that
courts adjudicate only “actual, ongoing cases or controversies”). “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). The development described
above, being that the finding of misconduct was vacated and the sanctions rescinded, renders the
action moot.
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. [24], is granted. Judgment consistent with this
Entry shall now issue.
IT IS SO ORDERED.
Date: 12/14/2017

Electronic distribution to counsel of record via CM/ECF and by U.S. mail to:
JOHNNY F. MCCARTER
246419
NEW CASTLE - CF
NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
1000 Van Nuys Road
NEW CASTLE, IN 47362