Opinion
Civil No. 00-819 (JRT/JMM)
April 28, 2003
Mack Al Green, Richfield, MN, pro se.
Jeffrey S. Paulsen, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Minneapolis, Minnesota, for respondents.
ORDER
On November 12, 2002, this Court entered an Order denying the motion of petitioner Mack Al Green ("Green") for habeas corpus relief pursuant to 28 U.S.C. § 2241. At the time, Green was in federal custody at the Federal Correctional Institution in Waseca, Minnesota. On November 21, 2002, Green filed with this Court a Notice of Appeal to the United States Court of Appeals for the Eighth Circuit. On November 22, 2002, Green was released from federal custody. Upon considering the respondent Bureau of Prisons' motion to dismiss, the Eighth Circuit determined that Green's case is therefore moot, and ordered the case remanded to this Court with instructions to vacate its judgment and dismiss Green's petition as moot. Therefore, pursuant to the order of the Court of Appeals, IT IS HEREBY ORDERED that:
1. The Court's Judgment of November 21, 2002 [Docket No. 46] is VACATED.
2. Petitioner's motion to grant relief pursuant to 28 U.S.C. § 2241 [Docket No. 5] is DISMISSED AS MOOT.
LET JUDGMENT BE ENTERED ACCORDINGLY.