Carter v. Lake

Filing 11

REPORT AND RECOMMENDATION: It is hereby recommended that the District Court enter an Order dismissing the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1 ) as moot. Signed by Magistrate Judge Eric J Markovich on 5/19/2017. (SIB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Halston Carter,

No. CV-14-2599-TUC-JGZ (EJM)

Petitioner,

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REPORT AND
RECOMMENDATION

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v.

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S. Lake,

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Respondent.

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On December 24, 2014, Halston Carter (“Petitioner”), an inmate confined (at that

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time) in the United States Penitentiary in Tucson, Arizona, filed a Petition for Writ of

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

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of Prisons wrongfully deprived him of 40 days of Good Conduct Time. Respondent filed

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an Answer (Doc. 8), and Petitioner did not file a Reply.

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While Petitioner was incarcerated at USP-Tucson at the time of filing his Petition,

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

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custody on October 13, 2016. Petitioner has not filed a notice of address change with the

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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 RECOMMENDED that the District Court enter an Order

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dismissing the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) as

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moot.

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Dated this 19th day of May, 2017.

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