U.S. Court of Appeals for the Ninth Circuit, 2011

Wilson Thomas v. Neil Adler

Wilson Thomas v. Neil Adler
U.S. Court of Appeals for the Ninth Circuit · Decided July 18, 2011 · Schroeder, Alarcón, Leavy
443 F. App'x 280

Wilson Thomas v. Neil Adler

Opinion

MEMORANDUM **

Federal prisoner Wilson Thomas appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2241 habeas petition as moot. We have jurisdiction under 28 U.S.C. § 2253, and we affirm the district court.

Thomas contends that the district court erred by dismissing his habeas petition seeking immediate consideration for transfer into a Residential Reentry Center (“RRC”). The record reflects that the district court did not err when it dismissed the petition because the Bureau of Prisons has eliminated the policy Thomas challenged in his petition. In addition, at the time of the district court’s decision, Thomas had already received an individualized consideration for RRC placement in accordance with 18 U.S.C. §§ 3621(b) and 3624(c), and Rodriguez v. Smith, 541 F.3d 1180, 1184-89 (9th Cir. 2008).

Thomas’s remaining contentions are unavailing.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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