Belcher v. Carlton

Filing 3

MEMORANDUM: One week after he filed this complaint, Mr. Belchers habeas corpus application was dismissed. That dismissal has rendered both the complaintand the case itself MOOT. Accordingly, this lawsuit will be dismissed by separate order. Signed by District Judge J Ronnie Greer on 12/1/2010. (c/m to pro se plaintiff) (RLC, )

Belcher v. Carlton

Doc. 3

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE at GREENVILLE

MICHAEL W. BELCHER v. HOWARD CARLTON, Warden

) ) ) ) ) MEMORANDUM

NO. 2:10-CV-191 Greer/Inman

Acting pro se, Michael Wayne Belcher, a prisoner in the Northeast Correctional Complex, submitted this "Complaint for Negligence," which was filed as civil rights case under 42 U.S.C. § 1983. However, the document cannot be characterized as a pleading in a civil case because, in substance, it is a motion to determine the status of Mr. Belcher's then-pending habeas corpus proceedings. See Belcher v.Carlton, Civil No. 2:07-cv-178 (E.D.Tenn. Sept. 10, 2010). Indeed, Mr. Belcher proclaims in his filing that "[t[his action is Federal Habeas Corpus." One week after he filed this complaint, Mr. Belcher's habeas corpus application was dismissed. That dismissal has rendered both the "complaint"and the case itself MOOT.

Accordingly, this lawsuit will be dismissed by separate order.

ENTER :

s/J. RONNIE GREER UNITED STATES DISTRICT JUDGE

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