United States District Court, M.D. Pennsylvania
D. MARIANI UNITED STATES DISTRICT JUDGE
January 22, 2018, Petitioner Bryan Killian,
("Killian"), filed a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241, challenging a
prison disciplinary infraction he received while confined at
the Federal Correctional Institution in Oxford, Wisconsin
("FCl-Oxford"). (Doc. 1). At the time his petition
was filed, Killian was confined at the Allenwood Federal
Correctional Institution in White Deer, Pennsylvania
("FCI-Allenwood"). (Id.). For relief,
Killian requests that the Court order the expungement of the
incident report and restore the good conduct time lost in the
resulting sanctions. (Id. at p. 5).
17, 2018, Respondent filed a suggestion of mootness stating
that Killian was released from the custody of the Bureau of
Prisons ("BOP") on May 11, 2018. (Doc. 7). Thus,
Respondent asserts that no further relief is available to
Killian and the habeas petition should be dismissed as moot.
(Id.). For the reasons set forth below, the Court
will dismiss the petition as moot.
habeas review under § 2241 "allows a federal
prisoner to challenge the 'execution' of his
sentence." Woodaii v. Federal Bureau of
Prisons, 432 F.3d 235, 241-43 (3d Cir. 2005). Habeas
corpus review is available "where the deprivation of
rights is such that it necessarily impacts the fact or length
of detention." Learner v. Fauver, 288 F.3d 532,
540 (3d Cir. 2002). Generally, a petition for habeas corpus
relief becomes moot when a prisoner is released from custody
before the court has addressed the merits of the petition.
Lane v. Williams, 455 U.S. 624, 102 S.Ct. 1322, 71
L.Ed.2d 508 (1982); Scott v. Holt, 297 Fed.Appx. 154
(3d Cir. 2008) (nonprecedential).
situation, the relevant inquiry is whether the case still
presents a case or controversy under Article III, § 2 of
the United States Constitution. Spencer v. Kemna,
523 U.S. 1, 7, 118 S.Ct. 978, 983, 140 L.Ed.2d 43 (1998);
Rendell v. Rumsfeld, 484 F.3d 236, 240-42 (3d Cir.
2007). This means that, throughout the litigation, an actual
controversy, possible of redress by a favorable judicial
decision, must exist. United States v. Kissinger,
309 F.3d 179, 180 (3d Cir. 2002). The crucial issue is
"some concrete and continuing injury other than the
now-ended incarceration or parole." Spencer,
523 U.S. at 7, 118 S.Ct. at 983. Collateral consequences are
presumed to exist when a habeas petitioner challenges his
underlying criminal conviction. Spencer, 523 U.S. at
7-8, 118 S.Ct. at 983. By contrast, challenges to the
execution of a sentence that has already been served will not
be presumed. Spencer, 523 U.S. at 12-14, 118 S.Ct.
has filed a suggestion of mootness, citing Killian's May
11, 2018 release from prison. (Doc. 7, Suggestion of
Mootness; see also BOP Inmate Locator). Once Killian
served his term of imprisonment, and was released upon its
completion, his good time credits ceased to have any effect
"either to shorten the period of supervision or to
shorten the period of imprisonment which the offender may be
required to serve for violation of parole or mandatory
release." 28 C.F.R. § 2.35(b)(2OI2); see
also 28 C.F.R. § 523.2(c). Under these
circumstances, Killian cannot demonstrate any continuing
collateral consequences or injury because his release
eliminates the Court's ability to grant him any relief.
See Burkey v. Marberry, 556 F.3d 142, 147 (3d Cir.
2009) (once a petitioner has been released from custody,
"some continuing injury, also referred to as a
collateral consequence, must exist for the action to
continue"); see also Scott, 297 Fed.Appx. at
156 ("Because [the petitioner] has served his complete
term of imprisonment, [he] cannot show some concrete and
continuing injury from the loss of good time credits.").
As no live controversy remains, the Court will dismiss
Killian's habeas petition as moot. See Scott v.
Schuylkill FCI, 298 Fed.Appx. 202 (3d Cir. 2008)
separate Order shall issue.
 Upon entering Petitioner's
identification number, 40352-039, into the BOP Online Inmate
Locator System, his status was returned as
"released" on May 11, 2018. See