Bellamy v. Lillard

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

KRISTIAN LEE BELLAMY, ) ) Petitioner, ) ) vs. ) Case No. 24-cv-2424-DWD ) WARDEN LILLARD, ) ) Respondent. )

MEMORANDUM & ORDER DUGAN, District Judge: Now before the Court is Petitioner Kristian Lee Bellamy’s pro so Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) and Respondent’s Motion to Dismiss the Petition as Moot. (Doc. 12). Discussion At the time Bellamy filed the petition, on November 4, 2024, she was incarcerated at FCI Greenville. Bellamy sought the application of 1,195 days of credit to her sentence by the Bureau of Prisons (“BOP”) under the First Step Act of 2018. See 18 U.S.C § 3632(d)(4). According to Bellamy, these credits, along with her eligibility to be placed in home confinement for ten percent of her sentence under the Second Chance Act, 18 U.S.C. § 3624(c)(2), qualified her for immediate transfer to pre-custody release. Respondent filed a response on November 20, 2024, providing a calculation of Bellamy’s sentence and indicating that she was scheduled for placement in pre-release custody on December 11, 2024. (Doc. 11). Bellamy has since been placed in pre-release custody under the supervision of the Cincinnati Residential Reentry Management field office. See BOP Inmate Locator, at https://www.bop.gov/inmateloc/.

“The inability to review moot cases stems from the requirement of Article III of the Constitution which limits the exercise of judicial power to live cases or controversies.” A.M. v. Butler, 360 F.3d 787, 790 (7th Cir. 2004). The Seventh Circuit directs a federal court to “dismiss a case as moot when it cannot give the petitioner any effective relief.” Id. Further, the purpose of a habeas case is to seek immediate or earlier release from custody. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). Here, Bellamy has been placed in pre-

release custody. As such, she has received the relief sought in the petition. There appears to be no additional relief that Bellamy seeks through these habeas proceedings. Accordingly, the petition is moot. Conclusion For the above-stated reasons, Respondent’s Motion to Dismiss as Moot (Doc. 12)

is GRANTED. This action is DISMISSED without prejudice as MOOT. The Clerk of Court is DIRECTED to enter judgment reflecting the dismissal and to close this case. It is not necessary for Petitioner to obtain a certificate of appealability should she choose to appeal this Order denying his § 2241 Petition. Walker v. O’Brien, 216 F.3d 626, 638 (7th Cir. 2000). Petitioner may appeal by filing a notice of appeal, which typically

must be filed within 30 days of the entry of judgment. See FED. R. APP. P. 4. SO ORDERED. Dated: January 23, 2025 Mire. (Vv DAVIDW.DUGAN United States District Judge