Opinion
5:20-cv-00369
03-07-2022
RICHARD DOYLE HUDSON, Petitioner, v. D.L. YOUNG, Warden, Respondent.
PROPOSED FINDINGS AND RECOMMENDATION
Dwane L. Tinsley United States Magistrate Judge
Pending before the court is Petitioner, Richard Doyle Hudson's (“Hudson”) Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1) and Respondent's Motion to Dismiss Petition (ECF No. 17). This matter is assigned to the Honorable Frank W. Volk, United States District Judge, and it is referred to the undersigned United States Magistrate Judge for submission of proposed findings and a recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
At the time he filed his petition (ECF No. 1) alleging due process violations surrounding a prison disciplinary hearing and seeking the expungement of the disciplinary violation and the restoration of 41 days of Good Conduct Time, Hudson was incarcerated at the Federal Correctional Institution at Beckley, in Beaver, West Virginia. The matter was fully briefed by the parties and awaiting a decision from the court. However, on March 3, 2022, Respondent filed the instant motion to dismiss (ECF No. 17), and declaration indicating that Hudson was released from Federal Bureau of Prisons (“BOP”) custody on December 17, 2021. (ECF No. 17 and Ex. 1). Accordingly, his request for relief can no longer be granted and his section 2241 petition is moot.
ANALYSIS
The United States Constitution limits the jurisdiction of federal courts to actual cases or controversies that are present at all stages of review. U.S. Const., art. III, § 2; Honig v. Doe, 484 U.S. 305, 317 (1988); Lewis v. Continental Bank Corp., 494 U.S. 472, 477-78 (1990). When a case or controversy no longer exists, the claim is said to be “moot.” In the context of habeas corpus, a case is rendered moot when the inmate has been released from the custody being challenged, without collateral consequences, and the court can no longer remedy the inmate's grievance. See, e.g., Spencer v. Kemna, 523 U.S. 1, 7 (1998); Alston v. Adams, 178 Fed.Appx. 295, 2006 WL 1194751 (4th Cir. 2007); Alvarez v. Conley, 145 Fed.Appx. 428, 2005 WL 2500659 (4th Cir. 2005); Smithhart v. Gutierrez, No. 3:06-cv-11, 2007 WL 2897942 (N.D. W.Va. 2007). As noted above, Hudson has been released from BOP custody; thus, this federal court is no longer able to grant his requested relief.
Therefore, the undersigned proposes that the presiding District Judge FIND that Hudson's § 2241 petition is now moot due to his release from BOP custody. Accordingly, it is respectfully RECOMMENDED that the presiding District Judge GRANT Respondent's Motion to Dismiss (ECF No. 17), DENY AS MOOT Hudson's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), and dismiss this matter from the docket of the court.
The parties are notified that this Proposed Findings and Recommendation is hereby FILED, and a copy will be submitted to the Honorable Frank W. Volk, United States District Judge. Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1)(B), Rules 6(d) and 72(b), Federal Rules of Civil Procedure, and Rules 1(b) and 8(b) of the Rules Governing Proceedings in the United States District Courts Under Section 2254 of Title 28, United States Code, the parties shall have fourteen days (filing of objections) and then three days (service/mailing) from the date of filing this Proposed Findings and Recommendation within which to file with the Clerk of this Court, specific written objections, identifying the portions of the Proposed Findings and Recommendation to which objection is made, and the basis of such objection. Extension of this time period may be granted by the presiding District Judge for good cause shown.
Failure to file written objections as set forth above shall constitute a waiver of de novo review by the District Court and a waiver of appellate review by the Circuit Court of Appeals. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984). Copies of such objections shall be served on the opposing party and Judge Volk.
The Clerk is directed to file this Proposed Findings and Recommendation and to mail a copy of the same to Petitioner at his last known address and to transmit a copy to counsel of record.