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Parker v. Sniezek

March 25, 2009

ELMER PARKER, PETITIONER
v.
TR. SNIEZEK, WARDEN, RESPONDENT



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 25th day of March, 2009, upon consideration of respondent's motion to dismiss the petition for writ of habeas corpus as moot (Doc. 9), on the basis that the Federal Bureau of Prisons has provided petitioner the relief he was seeking by correcting his sentence to reflect the intent of the courts and adjusting his projected release date from May 16, 2015, to July 15, 2012 (Doc. 10, at 4), see Khodara Envtl., Inc. ex rel. Eagle Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d Cir. 2001) (recognizing that "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) (finding "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."), and no opposition having been filed to the motion, it is hereby ORDERED that:

1. Respondent's motion to dismiss the petition for writ of habeas corpus as moot (Doc. 9) is GRANTED.

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

CHRISTOPHER C. CONNER United States District Judge

20090325

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