Opinion
NO. 2:10-CV-191.
December 1, 2010
MEMORANDUM
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.