TSETSE v. KNIGHT, No. 1:2020cv00161 - Document 13 (S.D. Ind. 2020)
Court Description: ENTRY DISMISSING PETITION FOR WRIT OF HABEAS CORPUSAND DIRECTING ENTRY OF FINAL JUDGMENT - In a prison disciplinary proceeding identified as No. CIC 19-10-0015, the petitioner was found guilty of violating prison rules. Accordingly, for the above reasons, the respondent's unopposed motion to dismiss this action as moot, dkt. 11 , is GRANTED. Judgment consistent with this Entry shall now issue (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 6/1/2020. Copy to Petitoner via US Mail. (DWH)
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TSETSE v. KNIGHT Doc. 13 Case 1:20-cv-00161-JPH-DML Document 13 Filed 06/01/20 Page 1 of 2 PageID #: 187 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION CHRIST A. TSETSE, ) ) ) ) ) ) ) ) ) Petitioner, v. WENDY KNIGHT, Respondent. No. 1:20-cv-00161-JPH-DML ENTRY DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT In a prison disciplinary proceeding identified as No. CIC 19-10-0015, the petitioner was found guilty of violating prison rules. In her motion to dismiss, the respondent reports that the only sanction that could have affected the duration of the petitioner’s custody, the suspended 60-day loss of earned credit time, was never enforced and the sanction has expired. See dkt. 12. A federal court may issue a writ of habeas corpus pursuant to 28 U.S.C. ' 2254(a) only if it finds the applicant “is in custody in violation of the Constitution or laws or treaties of the United States.” Id. Because the petitioner is not “in custody” based on the sanctions imposed in the challenged disciplinary hearing, the habeas action is moot. See Eichwedel v. Curry, 700 F.3d 275, 279 (7th Cir. 2012). A moot case must be dismissed for lack of jurisdiction. Home Care Providers, Inc. v. Hemmelgarn, 861 F.3d 615, 620 (7th Cir. 2017). Accordingly, for the above reasons, the respondent’s unopposed motion to dismiss this action as moot, dkt. [11], is GRANTED. Judgment consistent with this Entry shall now issue. SO ORDERED. Date: 6/1/2020 1 Dockets.Justia.com Case 1:20-cv-00161-JPH-DML Document 13 Filed 06/01/20 Page 2 of 2 PageID #: 188 Distribution: CHRIST A. TSETSE 966972 PENDLETON - CORRECTIONAL INDUSTRIAL FACILITY CORRECTIONAL INDUSTRIAL FACILITY Inmate Mail/Parcels 5124 West Reformatory Road PENDLETON, IN 46064 Abigail Recker INDIANA ATTORNEY GENERAL abigail.recker@atg.in.gov 2
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