Griffin v. Kizziah

Filing 19

MEMORANDUM OPINION & ORDER: 1. The petition filed pursuant to 28:2241 [R. 1] is DENIED AS MOOT. 2. Court shall enter an appropriate Judgment contemporaneously with this Memorandum Opinion and Order. 3. This action is DISMISSED and STRICKEN from Court's docket. Signed by Judge Karen K. Caldwell on 11/20/2017. (TDA) cc: COR & Griffin via US Mail Modified cc: on 11/20/2017 (TDA).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at PIKEVILLE GREGORY GRIFFIN, Civil Action No. 7: 17-43-KKC Petitioner, V. MEMORANDUM OPINION AND ORDER GREGORY KIZZIAH, Warden, Respondent. *** *** *** *** Federal inmate Gregory Griffin filed his pro se petition for a writ of habeas corpus in this action seeking approximately ten months of prior custody credit pursuant to 18 U.S.C. § 3585(b) for time he had spent in federal custody. [R. 1] Griffin indicated that he had begun but had not yet fully exhausted his administrative remedies prior to filing suit, but sought a waiver of the exhaustion requirement. [R. 10] The Court directed the warden to respond to the petition. [R. 11] The warden indicates that Griffin filed a grievance regarding the computation of his prior custody credits in 2016, but abandoned his appeal after it was rejected on procedural grounds at the regional level. [R. 15 at 4-5] Nonetheless, during the pendency of Griffin’s petition, in March 2017 the Bureau of Prisons awarded Griffin the prior custody credits he sought, and his release date was advanced to July 2017. Id. at 3. The warden therefore requests that the petition be denied for failure to exhaust administrative remedies and as moot. [R. 15 at 5-12] Records attached to the warden’s response establish that Griffin was granted the relief he sought in his petition. [R. 15-1 at 3, 16] The BOP’s online Inmate Locator database confirms that Griffin was released from custody in July 2017. See (last visited on November 15, 2017). Because Griffin has already received the relief he sought through this action, his petition must be denied as moot. Demis v. Sniezek, 558 F. 3d 508, 51113 (6th Cir. 2009); Wright v. Hogsten, No. 10-58-GFVT , 2010 WL 1995011, at *5 (E.D. Ky. May 19, 2010) (“To the extent that Wright seeks a nunc pro tunc designation under the authority of Barden v. Keohane, 921 F.2d 476 (3d Cir. 1991), the record reveals that such designation has been made, rendering Wright’s request on the issue moot.”) Accordingly, IT IS ORDERED as follows: 1. The petition filed pursuant to 28 U.S.C. § 2241 by Gregory Griffin [R. 1] is DENIED AS MOOT. 2. The Court shall enter an appropriate Judgment contemporaneously with this Memorandum Opinion and Order. 3. This action is DISMISSED and STRICKEN from the Court’s docket. Dated November 20, 2017. 2

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