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Gerald Lane v. James Mcgrady

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


October 16, 2012

GERALD LANE,
PETITIONER
v.
JAMES MCGRADY, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 16th day of October, 2012, upon consideration of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1)*fn1 , in which petitioner alleges that he is entitled to immediate release because he is due credit toward his state sentence for time he served in New Jersey state custody, and petitioner having recently filed a notice of change of address (Doc. 17) indicating that he is residing at a private residence in Trenton, New Jersey, and a search of the Pennsylvania Department of Corrections Inmate Locator Database*fn2 , and the VINElink system*fn3 , confirms that petitioner was paroled from prison on September 11, 2012, 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


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