MORGAN v. FUTCH et al, No. 1:2013cv00816 - Document 13 (D.D.C. 2013)

Court Description: MEMORANDUM OPINION & ORDER dismissing case. Signed by Judge Ketanji Brown Jackson on 7/29/2013. (lckbj3)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _______________________________________ ) DUJUAN MORGAN, ) ) Petitioner, ) ) v. ) ) MR. FUTCH, WARDEN, D.C. JAIL, et al., ) ) Respondents. ) ) ______________________________________ ) Civil Action No. 13-0816 (KBJ) MEMORANDUM OPINION & ORDER Pending before the Court is Petitioner DuJuan Morgan s petition for a writ of habeas corpus to compel Respondents specifically, the United States Parole Commission ( Commission ) and Greg Futch, Warden of the D.C. Central Detention Facility ( CDF ) to hold a parole revocation hearing. Petitioner initiated this action on May 29, 2013, after Petitioner had been held at CDF for over 90 days (since February 11, 2013) without a hearing. (Pet., ECF No. 1, at 2.) 1 By letter of July 19, 2013, nearly two months after the petition was filed, Petitioner informed the Court that the Commission did, in fact, hold a parole revocation hearing on July 18, 2013, and that during that hearing Petitioner s parole was revoked. (Pet r s Ltr. of July 19, 2013 ( Pet r s Ltr. ), ECF No. 12 at 1.) 1 The petition, which is brought pursuant to 28 U.S.C. § 2241, argues that the Commission failed to hold a timely revocation hearing in violation of its own rules such that Petitioner s immediate release is warranted. (Pet., ECF No. 1, at 2, 4.) Notably, the appropriate remedy for a delayed revocation hearing is a writ of mandamus to compel such a hearing, not a writ of habeas corpus to compel the petitioner s release. Vactor v. U.S. Parole Comm n, 815 F. Supp. 2d 81, 84 (D.D.C. 2011). [A] case is moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome. Powell v. McCormack, 395 U.S. 486, 496 (1969); see also Spencer v. Kenma, 523 U.S. 1, 7 (1998) ( [T]hroughout the litigation, the plaintiff must have suffered, or be threatened with, an actual injury . . . likely to be redressed by a favorable court decision. ). In his petition, Petitioner specifically requests that the Court order the Commission to hold a parole revocation hearing. (Pet. ¶ 33.) Because the relief that Petitioner seeks apparently has already been provided (see Pet r s Ltr. at 1), this action must be dismissed as moot. See Colts v. U.S. Parole Comm n, 531 F. Supp. 2d 8, 11 (D.D.C. 2008) ( [B]ecause the USPC already has conducted both [probable cause and revocation] hearings, petitioner is not entitled to . . . relief. ); Thomas v. U.S. Parole Comm n, Civ. A. No. 92-590(CRR), 1992 WL 193695, at *3 (D.D.C. Aug. 4, 1992) (case moot where petitioner, who complained of delayed revocation hearing, had since received it). Accordingly, it is hereby ORDERED that this case is dismissed. Ketanji Brown Jackson Date: July 29, 2013 KETANJI BROWN JACKSON United States District Judge 2

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