Esposito v. Pate

Opinion

Case: 25-30761 Document: 33-1 Page: 1 Date Filed: 07/15/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED July 15, 2026

No. 25-30761 Lyle W. Cayce ____________ Clerk

Michael Esposito,

Petitioner—Appellant,

versus

Nathan Pate, Warden, Federal Correctional Institution Oakdale,

Respondent—Appellee.

______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:25-CV-570

______________________________

Before Jones, Ho, and Wilson, Circuit Judges. Per Curiam: * Michael Esposito, federal prisoner # 08838-095, appeals the dismissal of his 28 U.S.C. § 2241 petition, in which he challenged changes made by the Bureau of Prisons to the eligibility requirements for release to a halfway house. The district court denied and dismissed the petition for failure to exhaust and, alternatively, as lacking merit.

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-30761 Document: 33-1 Page: 2 Date Filed: 07/15/2026

No. 25-30761

According to the Federal Bureau of Prisons, Esposito was scheduled to be released on July 10, 2026. A prisoner’s release moots his or her § 2241 petition “because there [is] no longer a live case or controversy for which any relief could be granted.” Herndon v. Upton, 985 F.3d 443, 446 (5th Cir. 2021). Therefore, Esposito’s appeal is DISMISSED as moot.