James Mickelson v. Warden Carol Holinka, No. 07-3243 (8th Cir. 2008)
Annotate this CaseCourt Description: Prisoner case - habeas. Appeal from denial of a Section 2241 petition was mooted by Mickelson's transfer to a halfway house while the appeal was pending.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-3243 ___________ James R. Mickelson, Suing as James Roy Mickelson, Appellant, v. Warden Carol Holinka, Appellee. * * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * ___________ Submitted: April 30, 2008 Filed: May 5, 2008 ___________ Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges. ___________ PER CURIAM. James R. Mickelson appeals the district court s1 denial of his 28 U.S.C. ยง 2241 petition and related motion challenging the Bureau of Prisons denial of his requests for immediate halfway-house placement. We dismiss the appeal as moot, because Mickelson was transferred to a halfway house on April 15, 2008. See Calderon v. Moore, 518 U.S. 149, 150 (1996) (per curiam) (when event occurs during pendency 1 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Susan Richard Nelson, United States Magistrate Judge for the District of Minnesota. of appeal that renders it impossible for court--if it should decide case in appellant s favor--to grant effective relief, court will dismiss appeal as moot). We also decline to address Mickelson s new claims on appeal, see Poolman v. City of Grafton, 487 F.3d 1098, 1101 (8th Cir. 2007), and we deny the pending motions. ______________________________ -2-
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