affirming dismissal of § 2241 petition challenging good conduct time credits as moot after petitioner was released from custody
How later courts described this case
- affirming dismissal of § 2241 petition challenging good conduct time credits as moot after petitioner was released from custody
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DEMOND BROWN, : CIVIL ACTION NO. 3:19-CV-668
:
Petitioner : (Judge Conner)
:
v. :
:
WARDEN DOUGLAS K. WHITE, :
:
Respondent :
MEMORANDUM
Petitioner filed this petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241, seeking the restoration of good conduct time credits to hasten his release from
confinement. (Doc. 1). After the petition was filed, petitioner’s good conduct time
credits were apparently recalculated, and petitioner was released from confinement
on January 15, 2020. (See Doc. 10). Respondent has since filed a suggestion of
mootness based on petitioner’s release. (Id.) Because petitioner is no longer in
custody, it appeared to the court that his habeas petition should be dismissed as
moot because it no longer presents a case or controversy for which this court could
provide relief. See, e.g., Scott v. Holt, 297 F. App’x 154, 155 (3d Cir. 2000) (affirming
dismissal of § 2241 petition challenging good conduct time credits as moot after
petitioner was released from custody).
On June 4, 2020, the court issued an order to show cause why the petition
should not be dismissed as moot, because petitioner had obtained the relief he was
seeking. (Doc. 11). Petitioner has failed to show cause or otherwise respond to that
order, and the time for doing so has since passed. As such, the court will dismiss
the petition as moot.
A separate order follows.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner
United States District Judge
Middle District of Pennsylvania
Dated: July 24, 2020