# Efrain Ortiz-Vargas v. Warden R. Brown

> Court of Appeals for the Fourth Circuit · October 25, 2024

URL: https://www.frixlaw.com/law-library/cases/10628423

## Case

- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** October 25, 2024
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10628423. Public record. Not legal advice.