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Rodriguez-Leon v. Warden

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
May 12, 2015
No. 14-3525 (3d Cir. May. 12, 2015)

Opinion

No. 14-3525

05-12-2015

JESUS RODRIGUEZ-LEON, Appellant v. WARDEN ALLENWOOD FCI


DLD-195

NOT PRECEDENTIAL

On Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. Civil No. 13-cv-01382)
District Judge: Honorable James M. Munley
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B), Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
March 7, 2015
Before: FISHER, SHWARTZ and GREENBERG, Circuit Judges OPINION PER CURIAM

This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.

Jesus Rodriguez-Leon appeals the District Court's order denying his petition filed pursuant to 28 U.S.C. § 2241. For the reasons below, we will dismiss the appeal as moot.

In 2011, Rodriguez-Leon was sentenced to 46 months in prison after being convicted of illegal reentry of a removed alien in violation of 8 U.S.C. § 1326. In 2013, he filed a § 2241 petition seeking credit for time spent in custody prior to sentencing. The District Court denied the petition, and Rodriguez-Leon filed a notice of appeal. According to the Inmate Locator on the Bureau of Prisons website, Rodriguez-Leon was released on February 18, 2015. Because it appeared that Rodriguez had served his sentence, the parties were asked to address whether the appeal was moot. Appellee has filed a response, but Rodriguez-Leon has not.

Appellee confirms that Rodriguez-Leon has been released.

Rodriguez-Leon did not provide the Clerk with an updated address, and the Clerk's order requesting responses on mootness was returned with the notation "attempted not known unable to forward."

Pursuant to Article III of the Constitution, a federal court may adjudicate only ongoing controversies or cases. Burkey v. Marberry, 556 F.3d 142, 147 (3d Cir. 2009). Rodriguez-Leon sought relief which would result in his earlier release from prison, and he has now been released from prison. There is no effective relief that we could grant him. See In re Cantwell, 639 F.2d 1050, 1053 (3d Cir. 1981) ("[A]n appeal will be dismissed as moot when events occur during the pendency of the appeal which prevent the appellate court from granting any effective relief."). Rodriguez-Leon has not argued that there are any collateral consequences caused by the denial of his sentencing credit. See Burkey, 556 F.3d at 148 (when a prisoner challenges a sentence that has been served, the appeal is moot unless he can show collateral consequences.)

Accordingly, we will dismiss the appeal as moot.


Summaries of

Rodriguez-Leon v. Warden

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
May 12, 2015
No. 14-3525 (3d Cir. May. 12, 2015)
Case details for

Rodriguez-Leon v. Warden

Case Details

Full title:JESUS RODRIGUEZ-LEON, Appellant v. WARDEN ALLENWOOD FCI

Court:UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Date published: May 12, 2015

Citations

No. 14-3525 (3d Cir. May. 12, 2015)

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