Redfern v. Bureau of Prisons

District Court, M.D. Pennsylvania

Redfern v. Bureau of Prisons

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DAVID CHRISTOPHER REDFERN, Civil No. 3:23-cv-199 Petitioner (Judge Mariani) v. . WARDEN WERTMAN, . Respondent . MEMORANDUM Background On or about February 3, 2023, Petitioner David Christopher Redfern (“Redfern’), filed a petition for writ of habeas corpus pursuant to

28 U.S.C. § 2241

asserting that the Federal Bureau of Prisons (“BOP”) failed to apply his earned time credits under the First Step Act. (Doc. 1). In response, Respondent filed a suggestion of mootness informing the Court that Redfern has received the requested relief. (Doc. 7). As a result, Respondent argues that the habeas petition is moot. (/d.). For the reasons set forth below, the Court will dismiss the habeas petition as moot. Il. Discussion Article Ill of the Constitution dictates that a federal court may adjudicate “only actual, ongoing cases or controversies.” Lewis v. Continental Bank Corp.,

494 U.S. 472, 477

(1990); Burkey v. Marberry,

556 F.3d 142, 147

(3d Cir. 2009). “This case-or-controversy requirement subsists through all stages of federal judicial proceedings [and for jurisdiction to

exist the] parties must continue to have a ‘personal stake in the outcome’ of the lawsuit.” Spencer v. Kemna,

523 U.S. 1, 7

(1998) (quoting Lewis v. Continental Bank Corp.,

494 U.S. 472, 477-78

(1990)). Thus, once a prisoner is released from custody, a habeas challenge to some aspect of his confinement will become moot absent a redressable, continuing, and

concrete injury which persists after his release. /d.; see also Burkey,

556 F.3d at 146

-50 In the present case, Redfern seeks the award of earned time credits under the First Step Act. Pursuant to the First Step Act, earned time credits can be applied toward earlier placement in pre-release custody or toward a term of supervised release.

18 U.S.C. § 3632

(d)(4)(C). On February 11, 2023, the BOP conducted a First Step Act Time Credit Assessment and calculated that Redfern earned 90 days of credits that have been applied towards his early release. (Doc. 7-1, p. 10). As Redfern has received the requested earned time credits, he no longer has a concrete, redressable injury. This Court therefore lacks an opportunity to provide Redfern with any meaningful relief in this habeas matter, and his challenge is moot. See Blanciak v. Allegheny Ludlum Corp.,

77 F.3d 690, 698-99

(3d Cir. 1996) (“If developments occur during the course of adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be disitiissed ae ". A separaie Order shall issue. I 741 \l saung | CMe: Robert. 2. Marian United States District Judge Dated: March _(Z’ _, 2023

Reference

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