Fernando Martinez v. A Boulware

Opinion

a UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

FERNANDO MARTINEZ #70993-509, CIVIL DOCKET NO. 1:25-CV-01103 Petitioner SEC P

VERSUS JUDGE TERRY A. DOUGHTY

A BOULWARE, MAGISTRATE JUDGE PEREZ-MONTES Respondent

REPORT AND RECOMMENDATION Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 filed by pro se Petitioner Fernando Martinez (“Martinez”). At the time of filing, Martinez was imprisoned at the Federal Correctional Institution in Pollock, Louisiana. He challenges the computation of his sentence by the Bureau of Prisons (“BOP”). Because Martinez is no longer in BOP custody, the Petition should be DISMISSED as MOOT. I. Background Martinez was sentenced to 72 months of imprisonment for possession with intent to distribute more than 50 grams of methamphetamine. ECF No. 14-1. Martinez alleges that the BOP failed to apply First Step Act time credits toward his early release. ECF No. 4. On April 15, 2026, Martinez was released from BOP custody. ECF No. 14-1. II. Law and Analysis Article III of the Constitution limits the judicial power of the United States to the resolution of “Cases” and “Controversies.”

, 551 U.S. 587, 597 (2007) (quoting , 547 U.S. 332, 342 (2006) (internal quotations and citations omitted)). A case becomes moot “when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” , 445 U.S. 388, 396 (1980) (quoting , 395 U.S. 486, 496 (1969)). The case-or-controversy requirement “subsists through all stages of federal judicial proceedings, trial and appellate.” , 523 U.S. 1, 7 (1998)

(citations omitted). The parties must continue to have a “personal stake in the outcome” of the lawsuit. Therefore, throughout the litigation, the petitioner “must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision.” Because Martinez was released from BOP custody, his § 2241 claim is moot. The Court can no longer grant the relief requested. If a controversy is moot, the court

lacks subject matter jurisdiction. , 582 F.2d 14, 16 (5th Cir. 1978) (citing , 404 U.S. 244, 246 (1971); , 499 F.2d 359, 363-364 (5th Cir. 1974)). II. Conclusion Because Martinez is no longer in BOP custody, IT IS RECOMMENDED that the Petition (ECF Nos. 1, 4) be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Under 28 U.S.C. § 636(b)(1)(c) and Fed. R. Civ. P. 72(b), a party may file written objections to this Report and Recommendation within 14 days of service, unless the Court grants an extension of time to file objections under Fed. R. Civ. P. 6(b). A party may also respond to another party’s objections to this Report and Recommendation within 14 days of service of those objections, again unless the Court grants an extension of time to file a response to objections. No other briefs may be filed without leave of court, which will only be granted for good cause. A party’s failure to timely file written objections to this Report and Recommendation will bar a party from later challenging factual or legal conclusions adopted by the District Judge, except if the challenge asserts “plain error.” SIGNED on Monday, June 1, 2026.

JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE