Bermudez v. Young
Filing
920060619
Opinion
United States Court of Appeals Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
F I L E D
June 19, 2006 Charles R. Fulbruge III Clerk
No. 05-30142 Summary Calendar
JULIO BERMUDEZ, Petitioner-Appellant, versus J.P. YOUNG, Respondent-Appellee. -------------------Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:04-CV-2043 -------------------Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Julio Bermudez, federal prisoner # 18536-050, appeals from the district court's dismissal of his 28 U.S.C. § 2241 petition challenging the method used by the Bureau of Prisons (BOP) for calculating good time credits. Bermudez sought an accelerated Prior to filing
release based on his own method of calculation.
this appeal, Bermudez was released from the BOP's custody and deported to Colombia. The issue Bermudez has raised on appeal See Bailey v.
has thus been rendered moot by his release.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
*
No. 05-30142 -2Southerland, 821 F.2d 277, 278 (5th Cir. 1987). The fact that
Bermudez seeks monetary damages on appeal does not continue to present a live case or controversy because he did not seek monetary relief before the district court. See Benavides v. Housing Authority of the City of San Antonio, TX, 238 F.3d 667, 670 n.4 (refusing to grant relief not requested below); Harris v. City of Houston, 151 F.3d 186, 190-91 (5th Cir. 1998) (rejecting "appellant's notion that we may fashion relief not requested below in order to keep a suit viable"). Accordingly, the appeal is DISMISSED AS MOOT.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?