Carrier v. Chester
ORDER ENTERED: Respondent's motion 13 to dismiss is granted. The petition is dismissed as moot. Signed by Senior District Judge Richard D. Rogers on 3/31/2011. (Mailed to pro se party Joshua Carrier by regular mail.) (smnd)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
JOSHUA CARRIER, Petitioner, v. C. CHESTER, Respondent. CASE NO. 08-3305-RDR
O R D E R Petitioner initiated this action with a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241, alleging error by the Bureau of Prisons (BOP) in determining that petitioner was
ineligible for early release from his sentence after successfully completing the Residential Drug Abuse Treatment Program. Petitioner also alleges the BOP rule applied in making that determination violated the Administrative Procedures Act. Before the court is respondent's motion to dismiss the petition as moot because petitioner has been released upon expiration of his sentence. Petitioner filed no response, and the record contains
respondent's notice to the court that the copy of respondent's motion mailed to petitioner was returned as undelivered mail. "A habeas corpus petition is moot when it no longer presents a case or controversy under Article III, § 2, of the Constitution." Aragon v. Shanks, 133 F.3d 690, 691 (10th Cir.1998). The "case or
controversy" requirement exists throughout the litigation of a case. Spencer v. Kemna, 523 U.S. 1, 7 (1998). Once a prisoner's sentence
has expired, "some concrete and continuing injury...must exist if the suit is to be maintained." Id. In the present case, there is
no showing or facts to suggest that petitioner remains subject to any collateral consequences adequate to meet the injury-in-fact requirement of Article III. Accordingly, the court concludes this
matter should be dismissed as moot. IT IS THEREFORE ORDERED that respondent's motion (Doc. 13) is granted, and that the petition is dismissed as moot. DATED: This 31st day of March 2011, at Topeka, Kansas.
s/ Richard D. Rogers RICHARD D. ROGERS United States District Judge
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?