John M. Johnson v. R. B. Eckle, Superintendent, London Prison Farm
Cases that cite this one
3 later published cases cite this decision.
- John R. Jones v. W. K. Cunningham, Jr., Superintendent of Virginia State Penitentiary (4th Cir. 1961)
- Michael Anthony Caputo v. Joseph Bogan, Warden (6th Cir. 1993)
- United States v. Morton Brilliant (2d Cir. 1960)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This is an appeal from the order of the District Court dismissing appellant’s petition for a writ of habeas corpus on the ground that it was moot. Appellant had been sentenced to the Ohio Penitentiary on an indeterminate sentence of from one to fifteen years, for the offense of theft. After his petition for a writ of habeas corpus was filed, and before hearing of the petition, appellant was released from incarceration, on parole. He *837 is not in the custody of appellee, Eckle, Superintendent of the London Prison Farm. With the release of appellant from incarceration and custody, the case became moot.
Where, after commencement of a ha-beas corpus proceeding, the petitioner was released on parole, and was no longer in the custody of the warden, the proceeding is dismissed as moot. United States ex rel. St. John v. Cummings, 2 Cir., 233 F.2d 187. See also Weber v. Squier, 315 U.S. 810, 62 S.Ct. 800, 86 L.Ed. 1209; Ex parte Baez, 177 U.S. 378, 20 S.Ct. 673, 44 L.Ed. 813; Wales v. Whitney, 114 U.S. 564, 5 S.Ct. 1050, 29 L.Ed. 277.
The order of the District Court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.