U.S. Court of Appeals for the Sixth Circuit, 1959

John M. Johnson v. R. B. Eckle, Superintendent, London Prison Farm

John M. Johnson v. R. B. Eckle, Superintendent, London Prison Farm
U.S. Court of Appeals for the Sixth Circuit · Decided June 17, 1959 · Martin, McAl-lister, Cecil
269 F.2d 836; 1959 U.S. App. LEXIS 3654 (Federal Reporter, Second Series)

Counsel

John M. Johnson, in pro. per., for appellant., William Saxbe and Walter M. Shea, Columbus, Ohio, for appellee.

John M. Johnson v. R. B. Eckle, Superintendent, London Prison Farm

Cases that cite this one

3 later published cases cite this decision.

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

PER CURIAM.

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.