Kincer v. Winn

Filing 18

ORDER: IT IS HEREBY ORDERED dismissing the 1 Petition for Writ of Habeas Corpus under 28 USC § 2241 as moot.The Clerk shall enter judgment accordingly and close its file on this matter. Signed by Magistrate Judge Eric J Markovich on 5/3/16.(BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kelly Lynn Kincer,
Petitioner,

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ORDER

v.

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No. CV-13-00504-TUC-EJM

Louis Winn, Jr.,

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Respondent.

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On June 19, 2013 Kelly Lynn Kincer, an inmate confined (at that time) in the

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United States Penitentiary in Tucson, Arizona, filed a Petition for Writ of Habeas Corpus

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pursuant to 28 U.S.C. § 2241. (Doc. 1). Petitioner alleged that the Bureau of Prisons

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wrongfully deprived him of 7 days of Good Conduct Time. Respondent filed a Return

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and Answer (Doc. 14), and Petitioner did not file a Reply.

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While Petitioner was incarcerated at USP—Tucson at the time of filing his

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Petition, the Bureau of Prisons Inmate Locator indicates that Petitioner was released from

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federal custody on February 11, 2016. Petitioner has not filed a notice of address change

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with the Court as required by LRCiv 83.3(d).

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Because Petitioner has already been released from custody, the Petition is now

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moot and dismissal is appropriate. North Carolina v. Rice, 404 U.S. 244, 246 (1971)

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(“federal courts are without power to decide questions that cannot affect the rights of

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litigants in the case before them”); Mitchell v. Dupnick, 75 F.3d 517, 528 (9th Cir. 1996);

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Fendler v. U.S. Bureau of Prisons, 846 F.2d 550, 555 (9th Cir. 1988) (finding that release

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of petitioner on parole mooted his petition seeking earlier release date on the grounds

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contending that Parole Commission had improperly delayed his release date).

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Accordingly,

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IT IS HEREBY ORDERED dismissing the Petition for Writ of Habeas Corpus

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under 28 U.S.C. § 2241 as moot. (Doc. 1). The Clerk shall enter judgment accordingly

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and close its file on this matter.

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Dated this 3rd day of May, 2016.

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