BURNETT v. SUPERINTENDENT

Filing 12

Entry Dismissing Petition for Writ of Habeas Corpus - 10 Motion to Dismiss is granted. See entry for details. Signed by Judge Tanya Walton Pratt on 8/29/2017. (Copy mailed to Petitioner) (MEJ) Modified on 8/30/2017 to clarify distribution (MEJ).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JUSTIN BURNETT,
Petitioner,
vs.
SUPERINTENDENT,
Respondent.

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No. 1:17-cv-01032-TWP-DML

Entry Dismissing Petition for Writ of Habeas Corpus
In a prison disciplinary proceeding identified as No. NCN 16-10-0007, the petitioner was
found guilty of violating prison rules and was sanctioned. That determination has since been
vacated, the sanctions restored, and the matter expunged from the petitioner’s records.
A federal court may issue a writ of habeas corpus pursuant to 28 U.S.C. ' 2254(a) only if
it finds the applicant “is in custody in violation of the Constitution or laws or treaties of the
United States.” Id. Because the petitioner is not “in custody” based on the sanctions imposed in
the challenged disciplinary hearing No. NCN 16-10-0007, the habeas action is 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). The respondent’s unopposed motion to dismiss, dkt. [10], is
granted. Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

Date: 8/29/2017

Distribution:
Electronically registered counsel
JUSTIN BURNETT
217996
NEW CASTLE CORRECTIONAL FACILITY
Inmate Mail/Parcels
1000 Van Nuys Road
NEW CASTLE, IN 47362