Malede v. Howard

District Court, M.D. Pennsylvania

Malede v. Howard

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA NEGASH MALEDE, : Petitioner : CIVIL ACTION NO. 3:20-2061

v : (JUDGE MANNION) CATRICIA HOWARD, : Respondent : MEMORANDUM i. Background On November 6, 2020, Petitioner, Negash Malede, a former inmate confined in the Allenwood Medium Security Federal Correctional Institution, White Deer, Pennsyivania, filed the above captioned petition for writ of habeas corpus, pursuant to

28 U.S.C. §2241

. (Doc. 4, petition). Malede challenges computation of Good Time Credit.

Id.

For relief, Malede requests that “the Court order [his] immediate release”.

Id.

However, a review of the Federal Bureau of Prisons Inmate Locater reveals that Malede was released from custody on February 3, 2021. See httos:/Avww.bop.gov/inmateloc/. For the reasons set forth below, the instant petition will be dismissed as moot.

ll. Discussion The case or controversy requirement of Article Ill, §2 of the United States Constitution subsists through all stages of federal judicial proceedings. Parties must continue to have a “personal stake in the outcome of the lawsuit.” (1990); Preiser v. Newkirk,

422 U.S. 395, 4071

(1975). In other words, throughout the course of the action, the aggrieved party must suffer or be threatened with actual injury caused by the defendant. Lewis, 494 U.S. at 477. The adjudicatory power of a federal court depends upon “the continuing existence of a live and acute controversy.” Steffel_ v. Thompson, (emphasis in original). “The rule in federal cases is that an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed.” Id. at n.10 (citations omitted). “Past exposure to illegal conduct is insufficient to sustain a present case or controversy ... if unaccompanied by continuing, present adverse effects.” Rosenberg v. Meese,

622 F.Supp. 1451, 1462

(S.D.N.Y. 1985) (citing O’Shea v. Littleton,

414 U.S. 488

(1974)). “[A] petition for habeas corpus relief generally becomes moot when a prisoner is released from custody

before the court has addressed the merits of the petition.” Lane v. Williams,

455 U.S. 624, 631

(1982). In the instant case, because Malede has been released from custody, his habeas petition has been rendered moot. See Rodriguez-Leon_v. Warden,

602 F. App’x 854

(3d Cir. 2015); Scott v. Schuylkill FCI,

298 F. App’x 202

(3d Cir. 2008); Scott v. Holt,

297 F. App’x 154

(3d Cir. 2008).

lil. Conclusion For the reasons stated above, the petition for a writ of habeas corpus will be DISMISSED. An appropriate order will follow..

5| Matachy €. Mannion MALACHY E. MANNION United States District Judge Date: February 9, 2021 20-2061-01

Reference

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