Opinion
Civil Action No. 4:13-CV-845-O
04-01-2014
SHURONE YVETTE NASH, Petitioner, v. JODY R. UPTON, WARDEN, FMC-CARSWELL, Respondent.
OPINION AND ORDER
Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Shurone Yvette Nash, a federal prisoner who was confined in the Federal Medical Center in Fort Worth, Texas, (FMC-Carswell) when this petition was filed, against Jody R. Upton, Warden of FMC-Carswell, Respondent. The prior referral to the Magistrate Judge is withdrawn. After considering the pleadings and relief sought by Petitioner, the Court has concluded that the petition should be dismissed as moot.
I. BACKGROUND
By this action, Petitioner sought time credits and release by the Federal Bureau of Prisons (BOP) to a Residential Reentry Center (RRC). See 18 U.S.C. § 3624(c). Petitioner has notified the Court that she has been released from FMC-Carswell and is currently residing in an RRC in Milwaukee, Wisconsin. Notice of Change of Address, ECF No. 16.
The BOP's website reflects petitioner is assigned to an RRC in Chicago, Illinois, as of this date. Thus, it is possible she has been transferred to another RRC.
II. DISCUSSION
Petitioner's release to an RRC has rendered her habeas petition moot. Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987). Because this Court can no longer provide her with the relief she seeks, dismissal of the petition is appropriate. McRae v. Hogan, 576 F.2d 615, 616-17 (5th Cir. 1978).
III. CONCLUSION
For the reasons discussed herein, the petition of petitioner for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED as moot. Further, pursuant to 28 U.S.C. § 2253(c), for the reasons discussed herein, a certificate of appealability is denied.
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Reed O'Connor
UNITED STATES DISTRICT JUDGE