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Fantoni v. Bledsoe

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


December 8, 2008

GILBERT FANTONI, PETITIONER
v.
WARDEN B.A. BLEDSOE, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of December, 2008, upon consideration of the petition for writ of habeas corpus (Doc. 1), in which petitioner, a federal inmate formerly confined to the Satellite Prison Camp at the United States Penitentiary at Lewisburg, challenges the Federal Bureau of Prisons' ("BOP") decision to remove him from a Residential Drug Abuse Program ("RDAP"), and it appearing from the "Notice of Mootness" (Doc. 21) recently filed by respondents that petitioner successfully completed the residential component of the RDAP (Doc. 21-2 at 4) and has been granted an unescorted furlough transfer to a Residential Re-entry Center in Brooklyn, New York (Doc. 21-2, at 1, ¶ 5), thereby rendering the petition moot, see Khodara Envtl., Inc. ex rel. Eagle Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d Cir. 2001) ("Article III of the Constitution grants the federal courts the power to adjudicate only actual, ongoing cases or controversies."); Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) ("If developments occur during the course of adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot."), it is hereby ORDERED that:

1. The petition for writ of habeas corpus (Doc. 1) is DISMISSED as moot.

2. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge

20081208

© 1992-2008 VersusLaw Inc.



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