Buckner v. Werlich
Buckner v. Werlich
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS XAVIER BUCKNER, ) Petitioner, vs. Case No. 20-CV-00001-SMY WARDEN DONALD HUDSON. Respondent. ORDER YANDLE, District Judge: On January 2, 2020, Petitioner filed a Petition under
28 U.S.C. § 2241seeking relief from his sentence premised on Rehaif v. United States,
139 S.Ct. 2191(2019) (Doc. 1). He was released from federal custody on July 22, 2022, while his Petition remained pending. As a result, Petitioner was ordered to show cause in writing on or before August 19, 2022 why his claims should not be dismissed as moot (Doc. 22). The show cause order mailed to Petitioner at the address on record was returned as undeliverable (Doc. 23), and Petitioner has not responded. After a habeas petitioner has been released from custody, “concrete and continuing injury” or “collateral consequences” must exist for the action to present a continued case or controversy. Spencer v. Kemna,
523 U.S. 1, 7(1998). Here, the Petitioner has not identified any such tnjury or collateral consequence. Accordingly, the Petition for Writ of Habeas Corpus under
28 U.S.C. § 2241(Doc. 1) is DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly and to close the case. IT IS SO ORDERED. DATED: August 22, 2022 Ned Ke. el STACI M. YANDLE United States District Judge
Page 1 of 1
Reference
- Status
- Unknown