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Mickelson v. Holinka

United States Court of Appeals, Eighth Circuit
May 5, 2008
276 F. App'x 527 (8th Cir. 2008)

Summary

dismissing RRC appeal as moot after prisoner released to halfway house

Summary of this case from Skrzypek v. Roal

Opinion

No. 07-3243.

Submitted: April 30, 2008.

Filed: May 5, 2008.

Appeal from the United States District Court for the District of Minnesota.

James R. Mickelson, Suing as James Roy Mickelson, Waseca, MN, pro se.

Robert Mathias Lewis, Assistant U.S. Attorney, U.S. Attorney's Office, Minneapolis, MN, for Appellee.

Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.


[UNPUBLISHED]


James R. Mickelson appeals the district court's denial of his 28 U.S.C. § 2241 petition and related motion challenging the Bureau of Prisons' denial of his requests for immediate halfway-house placement. We dismiss the appeal as moot, because Mickelson was transferred to a halfway house on April 15, 2008. See Calderon v. Moore, 518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996) (per curiam) (when event occurs during pendency of appeal that renders it impossible for court — if it should decide case in appellant's favor — to grant effective relief, court will dismiss appeal as moot). We also decline to address Mickelson's new claims on appeal, see Poolman v. City of Grafton, 487 F.3d 1098, 1101 (8th Cir. 2007), and we deny the pending motions.

The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Susan Richard Nelson, United States Magistrate Judge for the District of Minnesota.


Summaries of

Mickelson v. Holinka

United States Court of Appeals, Eighth Circuit
May 5, 2008
276 F. App'x 527 (8th Cir. 2008)

dismissing RRC appeal as moot after prisoner released to halfway house

Summary of this case from Skrzypek v. Roal
Case details for

Mickelson v. Holinka

Case Details

Full title:James R. MICKELSON, Suing as James Roy Mickelson, Appellant, v. Warden…

Court:United States Court of Appeals, Eighth Circuit

Date published: May 5, 2008

Citations

276 F. App'x 527 (8th Cir. 2008)

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Mr. Arafat's transfer to an RRC renders his motion moot. See Mickelson v. Holinka, 276 Fed.Appx. 527,…

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