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

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 23, 1973

Docket73-1829

StatusPublished

This text of 486 F.2d 306 (Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Ronald Eugene Rewis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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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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).

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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.

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486 F.2d 306, 1973 U.S. App. LEXIS 7406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louie-l-wainwright-director-division-of-corrections-state-of-florida-v-ca5-1973.

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