United States District Court, W.D. Pennsylvania
OPINION AND ORDER
MAUREEN P. KELLY UNITED STATES MAGISTRATE JUDGE.
Young ("Petitioner") filed a Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in
State Custody (the "Petition"). ECF No. 1. In the
Petition, Petitioner challenged the fact that the
Pennsylvania Board of Probation and Parole (the
"Board") denied him re-parole on his state sentence
of 10 - 30 years which was imposed in 1998 for, inter
alia, three counts of robbery of a vehicle.
was assigned the Pennsylvania Department of Corrections
("DOC") Inmate Number DU0326 for this sentence (the
"DU0326 Sentence"). We take judicial notice of the
fact that DOC Inmate Numbers are sentence specific.
McConnell v. Thompson, CIV.A. 14-747, 2014 WL
4348173, at *1 (W.D. Pa. Sept. 2, 2014)
("Petitioner's Department of Corrections Inmate
Identification Number which is sentence specific (meaning
that as long as one is serving a specific sentence, then the
Department of Corrections Inmate Identification Number
remains the same but when an inmate starts serving a
different sentence, then the prisoner is assigned a new DOC
Inmate Identification Number)").
was released on parole from the DU0326 Sentence shortly after
December 10, 2007. ECF No. 11-1 at 15 - 18. However, while he
was released on parole, Petitioner was charged in 2014 and
convicted in 2015, in connection with another crime, namely,
the reckless endangerment of his child. Id. at 30 -
36. Petitioner's parole on the DU0326 Sentence was
revoked based on this new child endangerment conviction which
occurred while he was on parole for the DU0326 Sentence. In
the instant Petition, Petitioner challenged the Board's
denial of his request for re-parole from the DU0326 Sentence
after the Board conducted its re-parole hearing held on June
28, 2016. See ECF No. 1-1 at 5.
filed the instant Petition on May 25, 2017. ECF No. 1. After
being granted an extension of time, the Board, on July 31,
2017, filed an Answer, denying that Petitioner was entitled
to any relief. ECF No. 11. Petitioner filed his Reply Brief
or Traverse on August 8, 2017. ECF No. 13. Most recently,
Petitioner filed a "Petition for Leave to Amend
Submitted Habeas Corpus (Rule 5 of § 2254) (F.R.C.P.
Rule 15(a)(2) at other amendments)" ("Motion to
Amend") wherein he requested leave to amend his
currently pending Petition to include claims concerning the
Board's most recent denials of Petitioner's requests
for parole. ECF No. 17. However, the Board's two most
recent denials of parole were not denials of parole as to the
DU0326 Sentence but as to the new sentence of 21 - 42 months
imposed for the new conviction of endangering the welfare of
a child, which sentence the DOC has assigned Petitioner the
Inmate Number of NJ9748 (the "NJ9748 Sentence"),
which Petitioner began to serve during the pendency of the
parties have consented to the plenary jurisdiction of the
United States Magistrate Judge. ECF Nos. 10 and 12.
to the Court until Petitioner's filing of the Motion to
Amend and further review, Petitioner, in fact, was actually
granted re-parole from the DU0326 Sentence by the . Board on
March 23, 2018. ECF No. 17-3. However, this was a
"paper-parole" or "constructive parole"
to permit Petitioner to cease serving the DU0326 Sentence in
order to commence serving the NJ9748 Sentence. See id
("YOU ARE PAROLED TO STATE DETAINER SENTENCE").
Accordingly, it appears that Petitioner has been serving the
NJ9748 Sentence since having been paper-paroled from the
means of the instant Petition, Petitioner solely sought to
challenge the Board's allegedly wrongful denial of parole
as to the DU0326 Sentence. However, during the pendency of
this Petition, Petitioner was, in fact, paroled from the
DU0326 Sentence which would have been the most relief that he
could have obtained herein. Accordingly, given that, at most
the relief that Petitioner could have received if he had
succeeded in the instant Petition would have been release on
parole from the DU0326 Sentence, the Petition became moot as
of March 23, 2018, the moment he was released on parole from
the DU0326 Sentence. Fla. Ass'n of Rehab. Facilities.
Inc. v. Fla. Dep't of Health & Rehabilitative
Servs.. 225 F.3d 1208, 1217 (11th Cir. 2000)
("A case is moot when it no longer presents a live
controversy with respect to which the court can give
meaningful relief") (citations and internal quotation
regard, we note that Petitioner by means of the Motion to
Amend seeks to attack the Board's denials of his requests
for parole as to the NJ9748 Sentence which occurred on
October 4, 2018 and July 26, 2019, subsequent to the
initiation of the instant Petition. ECF No. 17-2 at 1 - 2.
See also 17-1 at 1 ("Your Honor, I have never
ever been on parole under this number, (NJ-9748), to even get
an unsatisfactory parole history on.") (capitalization
further consideration, the Order granting Petitioner's
Motion to Amend, ECF No. 18 is hereby VACATED. Petitioner is
free to file a new habeas petition challenging the new
denials of parole by the Board as to the NJ9748 Sentence.
reasons set forth herein, it is hereby ORDERED that the
instant habeas Petition is DENIED as MOOT. A Certificate of
Appealability is DENIED as jurists of ...