Kinney v. Haynes

Filing 12

ORDER dismissing as moot 1 Kinney's petition for writ of habeas corpus. Signed by Chief Judge Brian S. Miller on 10/29/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BENJAMIN KINNEY
Reg #20293-045
v.

PETITIONER

CASE NO. 2:13CV00125 BSM

ANTHONY HAYNES, Warden,
FCC-Forrest City Medium

RESPONDENT

ORDER
On August 6, 2013, petitioner Benjamin Kinney filed a writ of habeas corpus petition
pursuant to 28 U.S.C. §2241 in the United States District Court for the Eastern District of
Texas, Sherman Division. It was transferred to this district on September 27, 2013. Kinney
requested relief because the Bureau of Prisons (“BOP”) had not adjusted his sentence from
168 months to 126 months, as amended by a judgment on February 1, 2010. The respondent,
however, submitted information indicating that the BOP has in fact adjusted Kinney’s
sentence. Kinney was directed to show cause by September 12, 2014, as to why his petition
was not moot. As of this date, he has not responded. Accordingly, Kinney’s petition is
dismissed as moot.
IT IS SO ORDERED this 29th day of October 2014.

________________________________
UNITED STATES DISTRICT JUDGE