Fox v. Fed Bur of Prisons

Opinion

Case: 24-30051 Document: 44-1 Page: 1 Date Filed: 11/21/2024

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals Fifth Circuit

No. 24-30051 Summary Calendar FILED ____________ November 21, 2024 Lyle W. Cayce

Arnold Eugene Fox, Jr., Clerk

Petitioner—Appellant,

versus

Federal Bureau of Prisons; Felipe Martinez,

Respondents—Appellees.

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Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:22-CV-5199

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Before Smith, Stewart, and Duncan, Circuit Judges. Per Curiam: * Arnold Fox, Jr., federal prisoner #24886-076, appeals the dismissal of his 28 U.S.C. § 2241 habeas corpus petition challenging the calculation by the Bureau of Prisons (“BOP”) of his earned-time credits under the First Step Act. During the pendency of his appeal, Fox was released from BOP custody. Because of his release and the nature of the relief he seeks, we lack jurisdiction to consider his appeal. See Herndon v. Upton, 985 F.3d 443, 446–

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*

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

Case: 24-30051 Document: 44-1 Page: 2 Date Filed: 11/21/2024

No. 24-30051

48 (5th Cir. 2021); United States v. Heredia-Holguin, 823 F.3d 337, 340 (5th Cir. 2016) (en banc).

APPEAL DISMISSED.