Scott v. FCI - Schuylkill

• Court: District Court, M.D. Pennsylvania
• Decided: May 12, 2020
• Docket: 3:18-cv-02106
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

TYREE V. SCOTT, : CIVIL ACTION NO. 3:18-CV-2106 : Petitioner : (Chief Judge Conner) : v. : : FCI SCHUYLKILL, : : Respondent :

MEMORANDUM

Petitioner filed this Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, seeking the recalculation of good conduct time credits to hasten his release from confinement. Doc. 1. After the Petition was filed, Petitioner’s good conduct time credits were apparently recalculated, and Petitioner was released from confinement on January 8, 2020.1 Because Petitioner is no longer in custody, it appeared to the Court that his habeas petition should be dismissed as moot because it no longer presents a case or controversy for which this court could provide relief. See, e.g., Scott v. Holt, 297 F. App’x 154, 155 (3d Cir. 2000) (affirming dismissal of § 2241 petition challenging good conduct time credits as moot after petitioner was released from custody).

1 The Court takes judicial notice of Petitioner’s release from the Bureau of Prisons’ Inmate Locator, available at https://www.bop.gov/inmateloc/. The BOP had originally calculated Petitioner’s release date to be October 12, 2020. (See Doc. 5-1 at 5.) At some point after the filing of the Petition, however, the BOP must have On April 6, 2020, the Court issued an order to show cause why the Petition should not be dismissed as moot, because Petitioner had obtained the relief he was seeking. Doc. 6. Petitioner has failed to show cause or otherwise respond to that

order, and the time for doing so has since passed. As such, the Court will dismiss the Petition as moot. A separate order follows.

/S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

Dated: May 12, 2020