John M. Johnson v. R. B. Eckle, Superintendent, London Prison Farm

Sixth Circuit

John M. Johnson v. R. B. Eckle, Superintendent, London Prison Farm

269 F.2d 836, 1959 U.S. App. LEXIS 3654

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 17, 1959

Docket13757_1

StatusPublished

Cited by4 cases

This text of 269 F.2d 836 (John M. Johnson v. R. B. Eckle, Superintendent, London Prison Farm) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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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John M. Johnson v. R. B. Eckle, Superintendent, London Prison Farm, 269 F.2d 836, 1959 U.S. App. LEXIS 3654 (6th Cir. 1959).

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Opinion

PER CURIAM.

This is an appeal from the order of the District Court dismissing appellant’s petition for a writ of habeas corpus on the ground that it was moot. Appellant had been sentenced to the Ohio Penitentiary on an indeterminate sentence of from one to fifteen years, for the offense of theft. After his petition for a writ of habeas corpus was filed, and before hearing of the petition, appellant was released from incarceration, on parole. He *837 is not in the custody of appellee, Eckle, Superintendent of the London Prison Farm. With the release of appellant from incarceration and custody, the case became moot.

Where, after commencement of a ha-beas corpus proceeding, the petitioner was released on parole, and was no longer in the custody of the warden, the proceeding is dismissed as moot. United States ex rel. St. John v. Cummings, 2 Cir., 233 F.2d 187. See also Weber v. Squier, 315 U.S. 810, 62 S.Ct. 800, 86 L.Ed. 1209; Ex parte Baez, 177 U.S. 378, 20 S.Ct. 673, 44 L.Ed. 813; Wales v. Whitney, 114 U.S. 564, 5 S.Ct. 1050, 29 L.Ed. 277.

The order of the District Court is affirmed.

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PER CURIAM.

This is an appeal from the order of the District Court dismissing appellant’s petition for a writ of habeas corpus on the ground that it was moot. Appellant had been sentenced to the Ohio Penitentiary on an indeterminate sentence of from one to fifteen years, for the offense of theft. After his petition for a writ of habeas corpus was filed, and before hearing of the petition, appellant was released from incarceration, on parole. He *837 is not in the custody of appellee, Eckle, Superintendent of the London Prison Farm. With the release of appellant from incarceration and custody, the case became moot.

Where, after commencement of a ha-beas corpus proceeding, the petitioner was released on parole, and was no longer in the custody of the warden, the proceeding is dismissed as moot. United States ex rel. St. John v. Cummings, 2 Cir., 233 F.2d 187. See also Weber v. Squier, 315 U.S. 810, 62 S.Ct. 800, 86 L.Ed. 1209; Ex parte Baez, 177 U.S. 378, 20 S.Ct. 673, 44 L.Ed. 813; Wales v. Whitney, 114 U.S. 564, 5 S.Ct. 1050, 29 L.Ed. 277.

The order of the District Court is affirmed.

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269 F.2d 836, 1959 U.S. App. LEXIS 3654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-m-johnson-v-r-b-eckle-superintendent-london-prison-farm-ca6-1959.

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