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Garcia-Santoyo v. Martinez

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


July 15, 2009

NOE GARCIA-SANTOYO, PETITIONER
v.
WARDEN RICARDO MARTINEZ, RESPONDENT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 15th day of July, 2009, upon consideration of the petition for writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2241, in which petitioner seeks credit toward the service of his federal sentence pursuant to 18 U.S.C. § 3585(b), and this court having confirmed, via the Bureau of Prisons Inmate Locator System*fn1 , that petitioner was released from imprisonment on July 10, 2009, 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."), and it further appearing that even if the petition were not rendered moot by petitioner's release, it would be subject to dismissal for failure to exhaust administrative remedies*fn2 , 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.


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