BOYD v. SUPERINTENDENT
Entry Dismissing Petition for Writ of Habeas Corpus - 9 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 12/6/2017. (Copy mailed to Petitioner) (MEJ)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
Entry Dismissing Petition for Writ of Habeas Corpus
The petitioner filed a writ of habeas corpus challenging a prison disciplinary proceeding,
IWP 17-01-0048. 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. For the reasons set forth below, the respondent’s motion to dismiss, dkt. , is
granted and this action is dismissed as moot.
The petitioner was subject to disciplinary proceeding IWP 17-01-0048, in which she was
found guilty of attempted assault/battery. Her sanctions included the demotion from credit class
B to credit class C and suspended 90-day deprivation of earned credit time. She filed the instant
petition for a writ of habeas corpus on August 10, 2017. While the instant case was pending, the
Indiana Department of Correction final reviewing authority, on November 8, 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 her 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.
Electronic distribution to counsel of record via CM/ECF and by U.S. mail to:
INDIANA WOMENS PRISON
INDIANA WOMENS PRISON
2596 Girls School Road
Indianapolis, IN 46214
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