Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Ronald Eugene Rewis

Fifth Circuit

Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Ronald Eugene Rewis

486 F.2d 306, 1973 U.S. App. LEXIS 7406

Court of Appeals for the Fifth Circuit·Decided October 23, 1973·No. 73-1829·Published

Opinion

PER CURIAM:

Ronald Eugene Rewis, a Florida State Prison inmate, initiated this petition for habeas corpus, seeking release from incarceration on the theory that he had been improperly deprived of gain time. After appropriate proceedings, the court below issued its order on February 2, 1973, 354 F.Supp. 334, directing Rewis’ immediate release. Unknown to the court and (we trust) to all other participants in the proceeding, Rewis had been set free on February 1, 1973, under an early release program.

For reasons unnecessary to relate, this appeal followed. Rewis’ petition sought only release, nothing more. This he already had when the order appealed was entered. The order was, therefore, moot ab initio. It is vacated and remanded, with instructions to dismiss the cause as moot.

Vacated and remanded, with instructions.

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PER CURIAM:

Ronald Eugene Rewis, a Florida State Prison inmate, initiated this petition for habeas corpus, seeking release from incarceration on the theory that he had been improperly deprived of gain time. After appropriate proceedings, the court below issued its order on February 2, 1973, 354 F.Supp. 334, directing Rewis’ immediate release. Unknown to the court and (we trust) to all other participants in the proceeding, Rewis had been set free on February 1, 1973, under an early release program.

For reasons unnecessary to relate, this appeal followed. Rewis’ petition sought only release, nothing more. This he already had when the order appealed was entered. The order was, therefore, moot ab initio. It is vacated and remanded, with instructions to dismiss the cause as moot.

Vacated and remanded, with instructions.

Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Ronald Eugene Rewis, 486 F.2d 306, 1973 U.S. App. LEXIS 7406 (5th Cir. 1973).

Pincite

486 F.2d 306 (Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Ronald Eugene Rewis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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