SERRANO v. WARDEN, No. 2:2020cv00503 - Document 9 (S.D. Ind. 2021)

Court Description: ENTRY DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT - The respondent's unopposed motion to dismiss this action as moot, dkt. 7 , is granted. Judgment consistent with this Entry shall now issue. Copy to Petitioner via US Mail. Signed by Judge James Patrick Hanlon on 1/21/2021. (KAA)

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SERRANO v. WARDEN Doc. 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JUAN SERRANO, ) ) ) ) ) ) ) ) ) Petitioner, v. WARDEN, Respondent. No. 2:20-cv-00503-JPH-DLP ENTRY DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT In a prison disciplinary proceeding identified as WVD 20-02-0041, Mr. Serrano was found guilty of violating prison rules on March 10, 2020. Dkt. 7-1. In his motion to dismiss, the respondent reports that the only sanctions that could have affected the duration of the petitioner's custody, a deprivation of 45 days' earned credit time, were vacated by the Indiana Department of Correction ("IDOC") Appeal Review Officer on November 20, 2020. Dkt. 7. The IDOC returned the lost time to Mr. Serrano. Dkt. 7-2. 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. [7], is granted. Judgment consistent with this Entry shall now issue. 1 Dockets.Justia.com SO ORDERED. Date: 1/21/2021 Distribution: JUAN SERRANO 112300 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels 6908 S. Old US Hwy 41 P.O. Box 1111 CARLISLE, IN 47838 Monika P. Talbot INDIANA ATTORNEY GENERAL monika.talbot@atg.in.gov 2

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