DOOLEY v. SUPERINTENDENT
ENTRY DISMISSING ACTION granting 15 Motion to Dismiss. This action is dismissed for lack of jurisdiction. Judgment consistent with this Entry shall now issue. See entry for details. Signed by Judge Tanya Walton Pratt on 10/18/2017. (Copy mailed to Petitioner) (MEJ)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
SUPERINTENDENT, Indiana Women’s
Entry Dismissing Action
And Directing Entry of Final Judgment
Dorris Dooley filed this case on April 26, 2017, challenging prison disciplinary action
imposed against her in disciplinary case number IWP 16-11-0210. Respondent subsequently
moved to dismiss the case, showing that Dooley’s disciplinary sanctions had been reduced and
that she no longer suffered a grievous sanction. Therefore, respondent asserts there is no case or
controversy before the Court.
When Dooley did not respond to the motion to dismiss, the Court by Entry docketed
October 2, 2017, directed her to file a response to the motion no later than October 16, 2017,
otherwise the motion would be addressed as unopposed. No response has been filed. Respondent’s
unopposed motion to dismiss, on the grounds that the disciplinary sanction against Dooley has
been reduced to a non-grievous sanction, dkt. , is granted.
“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
Here, Dooley’s grievous sanctions were vacated and non-grievous sanctions imposed, thus
there is no longer anything extending the duration of her custody. Accordingly, this 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). This action is dismissed for lack of jurisdiction.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.
Indiana Womens Prison
2596 Girls School Road
Indianapolis, In 46214
Electronically Registered Counsel
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?