Opinion

Brome v. Pennsylvania Board of Probation and Parole

Court
District Court, M.D. Pennsylvania
Filed
Dec 21, 2020
Cited by
0 cases
Authority
More cited than 29.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DAMEON BROME, No. 4:18-CV-02129

Petitioner, (Judge Brann)

v.

SUPERINTENDENT, SCI DALLAS,

et al.,

Respondents.

MEMORANDUM OPINION

DECEMBER 21, 2020

Presently before the Court is Petitioner Dameon Brome’s petition for writ of

habeas corpus brought pursuant to 28 U.S.C. § 2254, challenging the denial of his

parole.1 In the petition, Petitioner seeks his immediate release.2 Respondents

submitted an answer3 and have since filed a suggestion of mootness, explaining that

Petitioner has been now been released on parole.4

Article III of the Constitution provides that the judicial power of the United

States shall extend only to “cases” and “controversies.”5 “A case becomes moot—

and therefore no longer a ‘Case’ or ‘Controversy’ for purposes of Article III—‘when

1 Doc. 1.

2 See id. at 16.

3 Doc. 33.

4 Doc. 37.

5 See U.S. Const. art. III; see also Lewis v. Cont’l Bank Corp., 494 U.S. 472, 477 (1990)

the issues presented are no longer “live” or the parties lack a legally cognizable

interest in the outcome.’”6 “The mootness doctrine is centrally concerned with the

court’s ability to grant effective relief: ‘[i]f developments occur during the course of

adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or

prevent a court from being able to grant the requested relief, the case must be

dismissed as moot.’”7

Here, Petitioner has received the relief he was requesting—his release from

prison on parole. Because the Court can grant no further relief requested by

Petitioner, the petition is now moot and must be dismissed.

For the reasons set forth above, the petition will be dismissed as moot. An

appropriate Order follows.

BY THE COURT:

s/ Matthew W. Brann

Matthew W. Brann

United States District Judge

6 Already, LLC v. Nike, Inc., 568 U.S. 85, 91 (2013) (quoting Murphy v. Hunt, 455 U.S. 478,

481 (1982)).

7 See Ehrheart v. Verizon Wireless, 609 F.3d 590, 596 (3d Cir. 2010) (quoting County of

Morris v. Nationalist Movement, 273 F.3d 527, 533 (3d Cir. 2001).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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