Opinion
CIVIL ACTION NO. 1:15-00111
08-01-2016
LAWRENCE SAMUELS v. T G WERLICH
JUDGE JAMES T. TRIMBLE, JR.
MAG. JUDGE PEREZ-MONTES
MEMORANDUM RULING
Before the court is a "Motion to Dismiss" (R. #24) filed by defendant, T.G. Werlich wherein the mover seeks to have the instant lawsuit dismissed with prejudice. Defendant refers the court to a Stipulation filed into the record wherein the parties, including the Bureau of Prisons has approved (1) the expungement of Incident Report Number 22433261 as to petitioner, Lawrence Samuels, and (2) the restoration of 27 days of Good Conduct Time relative to that Incident Report. Defendant moves to dismiss this lawsuit because based on the Stipulation, petitioner has received the remedy he asked for in his petition and therefore he can no longer satisfy the case or controversy requirement of Article III of the Constitution. The court notes that petitioner has not filed an objection to this motion. Accordingly, finding merit to this motion, the court will dismiss this lawsuit with prejudice.
R. #23. --------
THUS DONE AND SIGNED in Alexandria on this 1st day of August, 2016.
/s/ _________
JUDGE JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT JUDGE