Greudy Santos Disla v. Michael Underwood

Summary

The United States District Court for the Western District of Pennsylvania adopted the Magistrate Judge’s Report and Recommendation in part, agreeing that Greudy Santos Disla was ineligible for earned time credits. The court dismissed his 28 U.S.C. § 2241 petition with prejudice as moot because he had been released from Bureau of Prisons custody, and denied a certificate of appealability.

Holdings

1. The petition was moot because petitioner had been released from BOP custody and the court could no longer provide the requested habeas relief.
2. Petitioner was statutorily ineligible for earned time credits based on the nature of his conviction.
3. No certificate of appealability shall issue because a federal prisoner challenging the denial of a § 2241 petition need not obtain one.

Questions Presented

1. Whether the petitioner's challenge to the denial of earned time credits was moot after the Bureau of Prisons released him from custody.
2. Whether the petitioner was statutorily ineligible for earned time credits based on the nature of his conviction.
3. Whether a certificate of appealability was required or should issue for the dismissal of the § 2241 petition.

Disposition

dismissed