TAYLOR v. SUPERINTENDENT

Filing 8

ORDER - 6 Motion To Dismiss is granted. Mr. Taylor's conviction and sanctions were vacated and thus can no longer affect the duration of his custody. Accordingly, his habeas action is moot. Judgment consistent with this Entry shall now issue. Signed by Judge Tanya Walton Pratt on 2/13/2018. (Copy mailed to Petitioner) (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DAVID S. TAYLOR,
Petitioner,
v.
SUPERINTENDENT,
Respondent.

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No. 1:17-cv-04420-TWP-TAB

Order Granting Petitioner’s Motion to Dismiss Petition for Writ of Habeas Corpus
David S. Taylor’s petition for a writ of habeas corpus challenges his disciplinary conviction
in disciplinary case number IYC 17-08-0005 on August 6, 2017. Mr. Taylor’s petition states that,
as a result of that conviction, he was deprived of 180 days’ earned credit time and demoted one
credit class. In his Motion to Dismiss, dkt. [6], Mr. Taylor notified the Court that the facility’s
appeal review officer has since vacated his sanctions, returned his lost credit time, and designated
his disciplinary charges for rehearing. As a result, Mr. Taylor asks the Court to dismiss his petition
as moot. The Court grants Mr. Taylor’s motion.
“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).
Mr. Taylor’s conviction and sanctions were vacated and thus can no longer affect the
duration of his custody. Accordingly, his 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: 2/13/2018

Distribution:
DAVID S. TAYLOR
217855
PLAINFIELD - CF
PLAINFIELD CORRECTIONAL FACILITY
Inmate Mail/Parcels
727 MOON ROAD
PLAINFIELD, IN 46168
David Corey
INDIANA ATTORNEY GENERAL
[e-mail]