EISEMAN v. KNIGHT

Filing 15

Entry Dismissing Petition for Writ of Habeas Corpus - 13 Motion to Dismiss is granted and this action is dismissed as moot. Judgment consistent with this Entry shall now issue. See entry for details. Signed by Judge Tanya Walton Pratt on 8/30/2017. (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

JAMES EISEMAN
CIC-16-11-0206,
Petitioner,
vs.
WENDY KNIGHT,
Respondent.

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No. 1:17-cv-01078-TWP-DML

Entry Dismissing Petition for Writ of Habeas Corpus
The petitioner filed a writ of habeas corpus challenging a prison disciplinary proceeding,
CIC 16-11-0206. The respondent has filed a motion to dismiss arguing that the challenged
disciplinary proceeding and the sanctions resulting therefrom have been vacated, making this
action moot. The petitioner has not responded and the time to do so has passed. For the reasons
set forth below, the respondent’s motion to dismiss, dkt. [13], is granted and this action is
dismissed as moot.
The petitioner was subject to disciplinary proceeding CIC 16-11-0206. His sanctions
included the deprivation of ninety days earned credit time. He filed the instant petition for a writ
of habeas corpus on April 4, 2017. While the instant case was pending, the Indiana Department
of Correction final reviewing authority, on July 26, 2017, vacated the petitioner’s disciplinary
conviction and sanctions and designated the case for re-hearing.
“A case becomes moot when it no longer presents a case or controversy under Article III,
Section 2 of the Constitution.” Eichwedel v. Curry, 700 F.3d 275, 278 (7th Cir. 2012). “In general
a case becomes moot when the issues presented are no longer live or the parties lack a legally

cognizable interest in the outcome.” Id. (citation and quotation marks omitted). A federal court
may issue a writ of habeas corpus pursuant to 28 U.S.C. § 2254 only if it finds the applicant “is in
custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C.
§ 2254(a) (emphasis added). Therefore, a habeas action becomes moot if the Court can no longer
“affect the duration of [the petitioner’s] custody.” White v. Ind. Parole Bd., 266 F.3d 759, 763
(7th Cir. 2001).
Here, the petitioner’s conviction and sanctions were vacated and thus can no longer affect
the duration of his custody. Accordingly, the petitioner’s habeas action is moot. See id. An action
which is moot must be dismissed for lack of jurisdiction. See Diaz v. Duckworth, 143 F.3d 345,
347 (7th Cir. 1998).
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.

Date: 8/30/2017

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