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Newkirk v. Quintana

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


September 15, 2009

RASHEEN NEWKIRK, PETITIONER,
v.
FRANCISCO QUINTANA, RESPONDENT.

The opinion of the court was delivered by: Magistrate Judge Susan Paradise Baxter

MEMORANDUM OPINION*fn1

Petitioner Rasheen Newkirk, a federal prisoner incarcerated at the McKean Federal Correctional Institution in Bradford, Pennsylvania, brought the instant petition for writ of habeas corpus, seeking the restoration of 12 days of Good Conduct Time to his federal sentence computation. Since the filing of this action, Petitioner's claim for habeas relief has become moot as his sentence has been recalculated.

A prisoner may seek federal habeas relief only if he is in custody in violation of the constitution or federal law. 28 U.S.C. § 2254(a); Smith v. Phillips, 455 U.S. 209 (1982); Geschwendt v. Ryan, 967 F.2d 877 (3d Cir.), cert. denied, 506 U.S. 977 (1992); Zettlemoyer v. Fulcomer, 923 F.2d 284 (3d Cir.), cert. denied, 502 U.S. 902 (1991). The purpose of a writ of habeas corpus is to challenge the legal authority under which a prisoner is held in custody. Heck v. Humphrey, 512 U.S. 477 (1994); Allen v. McCurry, 449 U.S. 90 (1980) (the unique purpose of habeas corpus is to release the applicant for the writ from unlawful confinement).

The case or controversy requirement of Article III of the U.S. Constitution "subsists through all stages of federal judicial proceedings, trial and appellate ... the parties must continue to have a personal stake in the outcome of the lawsuit." Lewis v. Continental Bank Corp., 494 U.S. 472, 477-78 (1990). In other words, "throughout the litigation, the plaintiff must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision." Id. at 477.*fn2

Since the filing of this petition, Petitioner has received the relief he requested in this petition. See Document # 17. Further, this Court directed Petitioner to show cause as to why this petition should not be dismissed for mootness and Petitioner has not responded. In these circumstances, no live controversy remains. Thus, Petitioner's claim for relief will be dismissed as moot.*fn3

An appropriate Order follows.

ORDER

AND NOW, this 15th day of September, 2009;

IT IS HEREBY ORDERED that the petition for writ of habeas corpus be dismissed as moot. The Clerk of Courts is directed to close this case.

SUSAN PARADISE BAXTER United States Magistrate Judge


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