Summary
A magistrate judge’s Report and Recommendation in a 28 U.S.C. § 2241 habeas action concerning the calculation of First Step Act time credits. The recommendation concludes that the petitioner’s release from federal custody mooted the petition and deprived the court of subject-matter jurisdiction, and recommends granting the warden’s motion to dismiss. The document recommends dismissal without stating a merits determination regarding the time-credit calculation.
Holdings
- A habeas petition under 28 U.S.C. § 2241 becomes moot and the court lacks subject matter jurisdiction when the petitioner is no longer in custody, because release from custody eliminates the live case or controversy required by Article III.
Questions Presented
- Whether the court retains subject matter jurisdiction over a 28 U.S.C. § 2241 habeas petition after the petitioner has been released from federal custody.
Disposition
dismissed
Cases Cited (17)
- Luciano-Lopez v. Garza, No. 4:23-cv-3, 2023 WL 6277875 (N.D. Ohio Aug. 23, 2023)(applied)
- Maleng v. Cook, 490 U.S. 488 (1989)(applied)
- Preiser v. Rodriguez, 411 U.S. 475 (1973)(applied)
- Prieto v. Gluch, 913 F.2d 1159 (6th Cir. 1990)(applied)
- Lane v. Williams, 455 U.S. 624 (1982)(applied)
- Already, LLC v. Nike, Inc., 568 U.S. 85 (2013)(applied)
- Lewis v. Continental Bank Corp., 494 U.S. 472 (1990)(applied)
- Church of Scientology of Cal. v. United States, 506 U.S. 9 (1992)(applied)
- Demis v. Sniezek, 558 F.3d 508 (6th Cir. 2009)(applied)
- Lyshe v. Levy, 854 F.3d 855 (6th Cir. 2017)(applied)
Showing top 10 of 17.
Cited In (0)
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Court Document
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