Hillard v. Lewien et al

Filing 19

MEMORANDUM OPINION - This matter is before the Court on Respondents Barbara Lewien's and Scott Frakes's unopposed Motion to Dismiss (Filing No. 16 ). Respondents argue petitioner Robert S. Hillard's Petition for Writ of Habeas Corpus (Filing No. 1 ) should be dismissed as moot because he is no longer incarcerated, having been mandatorily discharged from the Nebraska Department of Corrections on February 25, 2015. For the reasons set forth by respondents in their Brief in Suppor t of Motion to Dismiss (Filing No. 18 ), the Court agrees that there is no existing case or controversy upon which this Court may grant relief. A separate order will be entered in accordance with this memorandum opinion. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT S. HILLARD,

)
)
Petitioner,
)
)
v.
)
)
BARBARA LEWIEN, Warden, and
)
SCOTT FRAKES,
)
)
Respondents.
)
______________________________)

8:14CV310

MEMORANDUM OPINION

This matter is before the Court on Respondents Barbara
Lewien’s and Scott Frakes’s unopposed Motion to Dismiss (Filing
No. 16).

Respondents argue petitioner Robert S. Hillard’s

Petition for Writ of Habeas Corpus (Filing No. 1) should be
dismissed as moot because he is no longer incarcerated, having
been mandatorily discharged from the Nebraska Department of
Corrections on February 25, 2015.

For the reasons set forth by

respondents in their Brief in Support of Motion to Dismiss
(Filing No. 18), the Court agrees that there is no existing case
or controversy upon which this Court may grant relief.

A

separate order will be entered in accordance with this memorandum
opinion.
DATED this 22nd day of September, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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