Gross v. Baltazar

Filing 12

ORDER DISMISSING petition for writ of habeas corpus 1 as MOOT & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/01/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANDREW GROSS, III,
Petitioner
v.
WARDEN, USP-CANAAN,
Respondent

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CIVIL NO. 1:17-CV-1610
(Chief Judge Conner)

ORDER
AND NOW, this 1st day of October, 2018, upon consideration of the petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), wherein petitioner
Andrew Gross (“petitioner”) challenged his continued confinement by the Bureau
of Prisons (“BOP”), and sought to be released to a Residential Re-entry Center in
Detroit, Michigan, and upon further consideration of respondent’s suggestion of
mootness indicating that petitioner was released from BOP custody on June 26,
2018, see (Doc. 11; Doc. 11-1, BOP Online Detainee Locator System results1), which
renders the petition moot, see DeFoy v. McCullough, 393 F.3d 439, 441 (3d Cir. 2005)
(citing Lane v. Williams, 455 U.S. 624, 631 (1982)) (“[A] petition for habeas corpus
relief generally becomes moot when a prisoner is released from custody before the
court has addressed the merits of the petition.”); Khodara Envtl., Inc. ex rel. Eagle

Upon entering petitioner’s register number, 28240-039, into the Federal
Bureau of Prisons online inmate locator system, https://www.bop.gov/inmateloc/,
his status was returned as follows:
1

Offender Name:
Released On:

Andrew Gross
06/26/2018

Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d Cir. 2001) (“Article III of the
Constitution grants the federal courts the power to adjudicate only actual, ongoing
cases or controversies.”); Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99
(3d Cir. 1996) (“If developments occur during the course of adjudication that
eliminate a plaintiff’s personal stake in the outcome of a suit or prevent a court from
being able to grant the requested relief, the case must be dismissed as moot.”), it is
hereby ORDERED that:
1.

The petition for writ of habeas corpus (Doc. 1) is DISMISSED as moot.

2.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania