Bermudez v. Young

Fifth Circuit

Bermudez v. Young

186 F. App'x 437

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 19, 2006

Docket05-30142

StatusUnpublished

This text of 186 F. App'x 437 (Bermudez v. Young) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bermudez v. Young, 186 F. App'x 437 (5th Cir. 2006).

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Opinion

PER CURIAM: *

Julio Bermudez, federal prisoner # 18536-050, appeals from the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging the method used by the Bureau of Prisons (BOP) for calculating good time credits. Bermudez sought an accelerated release based on his own method of calculation. Prior to filing this appeal, Bermudez was released from the BOP’s custody and deported to Colombia. The issue Bermudez has raised on appeal has thus been rendered moot by his release. See Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir.1987). The fact that Bermudez seeks monetary damages on appeal does not continue to present a five case or controversy because he did not seek monetary relief before the district court. See Benavides v. Housing Authority of the City of San Antonio, Tex., 238 F.3d 667, 670 n. 4 (5th Cir.2001) (refusing to grant relief not requested below); Harris v. City of Houston, 151 F.3d 186, 190-91 (5th Cir.1998) (rejecting “appellant’s notion that we may fashion relief not requested below in order to keep a suit viable”).

Accordingly, the appeal is DISMISSED AS MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Julio Bermudez, federal prisoner # 18536-050, appeals from the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging the method used by the Bureau of Prisons (BOP) for calculating good time credits. Bermudez sought an accelerated release based on his own method of calculation. Prior to filing this appeal, Bermudez was released from the BOP’s custody and deported to Colombia. The issue Bermudez has raised on appeal has thus been rendered moot by his release. See Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir.1987). The fact that Bermudez seeks monetary damages on appeal does not continue to present a five case or controversy because he did not seek monetary relief before the district court. See Benavides v. Housing Authority of the City of San Antonio, Tex., 238 F.3d 667, 670 n. 4 (5th Cir.2001) (refusing to grant relief not requested below); Harris v. City of Houston, 151 F.3d 186, 190-91 (5th Cir.1998) (rejecting “appellant’s notion that we may fashion relief not requested below in order to keep a suit viable”).

Accordingly, the appeal is DISMISSED AS MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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186 F. App'x 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bermudez-v-young-ca5-2006.

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