Vaca Sosa v. Leu

E.D. Virginia

Vaca Sosa v. Leu

DecidedJuly 10, 2024

Docket3:23-cv-00539

StatusUnknown

This text of Vaca Sosa v. Leu (Vaca Sosa v. Leu) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vaca Sosa v. Leu, (E.D. Va. 2024).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MILTON EDUARDO VACA SOSA, ) Petitioner, Civil Action No. 3:23-cv-539-HEH D. LEU, et al., Respondents. MEMORANDUM OPINION (Dismissing Action As Moot) Petitioner Milton Eduardo Vaca Sosa (“Petitioner”) submitted a petition under 28 U.S.C. § 2241 challenging the execution of his sentence. The record indicates that Petitioner was released from detention on May 20, 2024. (Ex. 1 99, ECF No. 16-1.) “A habeas corpus petition is moot when it no longer presents a case or controversy under Article III, § 2, of the Constitution.” Aragon v. Shanks, 144 F.3d 690, 691 (10th Cir. 1998) (citing Spencer v. Kemna, 523 U.S. 1, 7 (1998)). No case or controversy exists unless the petitioner has suffered an actual injury that can “be redressed by a favorable judicial decision.” Spencer, 523 U.S. at 7 (quoting Lewis v. Cont’! Bank Corp., 494 US. 472, 477 (1990)). By Memorandum Order (ECF No. 18) entered on May 30, 2024, the Court directed Petitioner, within twenty (20) days of the date of entry thereof, to show

cause why the action should not be dismissed as moot. (/d. at 1.)

More than twenty (20) days have elapsed, and Petitioner has not responded. Accordingly, the action will be dismissed as moot. An appropriate Final Order shall accompany this Memorandum Opinion.

Nx. AE Henry E. Hudson Senior United States District Judge Date: duly 10, 2024 Richmond, Virginia

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MILTON EDUARDO VACA SOSA, ) Petitioner, Civil Action No. 3:23-cv-539-HEH D. LEU, et al., Respondents. MEMORANDUM OPINION (Dismissing Action As Moot) Petitioner Milton Eduardo Vaca Sosa (“Petitioner”) submitted a petition under 28 U.S.C. § 2241 challenging the execution of his sentence. The record indicates that Petitioner was released from detention on May 20, 2024. (Ex. 1 99, ECF No. 16-1.) “A habeas corpus petition is moot when it no longer presents a case or controversy under Article III, § 2, of the Constitution.” Aragon v. Shanks, 144 F.3d 690, 691 (10th Cir. 1998) (citing Spencer v. Kemna, 523 U.S. 1, 7 (1998)). No case or controversy exists unless the petitioner has suffered an actual injury that can “be redressed by a favorable judicial decision.” Spencer, 523 U.S. at 7 (quoting Lewis v. Cont’! Bank Corp., 494 US. 472, 477 (1990)). By Memorandum Order (ECF No. 18) entered on May 30, 2024, the Court directed Petitioner, within twenty (20) days of the date of entry thereof, to show

cause why the action should not be dismissed as moot. (/d. at 1.)

More than twenty (20) days have elapsed, and Petitioner has not responded. Accordingly, the action will be dismissed as moot. An appropriate Final Order shall accompany this Memorandum Opinion.

Nx. AE Henry E. Hudson Senior United States District Judge Date: duly 10, 2024 Richmond, Virginia

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