Kiernozek v. Ormond, No. 3:2018cv00523 - Document 10 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/28/2018. (Copy mailed to Plaintiff) (smej, )
Download PDF
<![CDATA[
Kiernozek v. Ormond Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ANDRZEJ KIERNOZEK, Petitioner, V. Civil Action No. 3:18CV523 WARDEN J. RAY ORMOND, Respondent. MEMORANDUM OPINION Andrzej Kiernozek, proceeding pro se, submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Since Kiernozek submitted this action, he has been released from custody. ^^A habeas corpus petition is moot when it no longer presents a case or controversy under Article III, § 2, of the Constitution." Aragon v. Shanks, 144 F.3d 690, 691 (10th Cir. 1998) (citing Spencer v. Kemna, 523 U.S. 1, 7 (1998)). No case or controversy exists unless the petitioner has suffered an actual injury that can ^^be redressed by a favorable judicial decision." Spencer, 523 U.S. at 7 (quoting Lewis v. Cont'l Bank Corp., 494 U.S. 472, 477 (1990)). Here, Kiernozek's release from custody appeared to moot his § 2241 Petition challenging the execution of his sentence. Accordingly, by Memorandum Order entered on October 24, 2018, the Court directed Kiernozek, within fifteen (15) days of the date of entry thereof, to show good cause why the action should not be dismissed as moot. Dockets.Justia.com More than fifteen (15) days have elapsed since the entry of the October responded. The 24, 2018 Memorandum Order and Kiernozek has not Accordingly, the action will be dismissed as moot. Clerk is directed to send a copy of this Memorandum Opinion to Kiernozek. An appropriate Order shall issue. /s/ I) Date: Richmond, Virginia r ^ *7 \i/ Robert E. Payne ^ Senior United States District Judge
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
