Summary
The Report and Recommendation addresses Daniel Hobson’s petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging the Pennsylvania Parole Board’s September 9, 2024 denial of parole. It recommends denying the petition as moot because Hobson received a subsequent parole hearing and was granted parole. It also recommends denying a certificate of appealability.
Holdings
- The petitioner's challenge to the September 9, 2024 parole denial was moot because he received a subsequent parole hearing, which was the only relief the court could have ordered for the challenged denial.
- The subsequent grant of parole independently rendered the petition moot because the court could no longer provide habeas relief concerning the earlier parole denial.
- The court recommended that no certificate of appealability issue because reasonable jurists would not find it debatable that the petition should be dismissed as moot.
Questions Presented
- Whether Hobson's § 2254 challenge to the Pennsylvania Parole Board's September 9, 2024 denial of parole remained a live case or controversy after a subsequent parole hearing.
- Whether the subsequent grant of parole rendered the habeas petition moot.
- Whether Hobson was entitled to a certificate of appealability.
Disposition
other
Cases Cited (9)
- Vickers v. Superintendent Graterford SCI, 858 F.3d 841, 848-49 (3d Cir. 2017)(followed)
- Spencer v. Kemna, 523 U.S. 1, 7 (1998)(followed)
- Burkey v. Marberry, 556 F.3d 142, 147-48 (3d Cir. 2009)(followed)
- Lewis v. Continental Bank Corp., 494 U.S. 472, 477-78 (1990)(followed)
- Keitel v. Mazurkiewicz, 729 F.3d 278, 280 (3d Cir. 2013)(followed)
- Weiler v. Overmyer, Civ. A. No. 21-303, 2024 WL 3327771 (W.D. Pa. 2024)(followed)
- Slack v. McDaniel, 529 U.S. 473, 484 (2000)(followed)
- Brightwell v. Lehman, 637 F.3d 187, 194 n.7 (3d Cir. 2011)(followed)
- Nara v. Frank, 488 F.3d 187 (3d Cir. 2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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