The opinion
USCA4 Appeal: 23-7299 Doc: 9 Filed: 10/25/2024 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7299
EFRAIN ORTIZ-VARGAS,
Petitioner - Appellant,
v.
WARDEN R. BROWN,
Respondent - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at
Wheeling. John Preston Bailey, District Judge. (5:23-cv-00318-JPB-JPM)
Submitted: September 18, 2024 Decided: October 25, 2024
Before BERNER and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Efrain Ortiz-Vargas, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-7299 Doc: 9 Filed: 10/25/2024 Pg: 2 of 2
PER CURIAM:
Efrain Ortiz-Vargas appeals the district court’s order dismissing his 28 U.S.C.
§ 2241 petition, in which he contended that the Bureau of Prisons (BOP) failed to properly
apply his Earned Time Credits under the First Step Act of 2018, Pub. L. No. 113-391, 132
Stat. 5194. As relief, Ortiz-Vargas sought “immediate release from the BOP.”
During the pendency of this appeal, Ortiz-Vargas was released from prison. Upon
review, we conclude that Ortiz-Vargas’s release renders this appeal moot because the
possibility that his alleged injury would be redressed by a favorable decision in this appeal
is merely speculative. See Spencer v. Kemna, 523 U.S. 1, 7 (1998). We therefore dismiss
the appeal as moot. We dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
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