Peco v. Warden, Rodney Childers, No. 4:2015cv00142 - Document 10 (N.D. Tex. 2015)
Court Description: Opinion and Order: Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED as moot. (Ordered by Judge Reed C O'Connor on 8/6/2015) (ewd)
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Peco v. Warden, Rodney Childers Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION MICHAEL PECO, Petitioner, v. RODNEY W. CHANDLER, Warden, FCI-Fort Worth, Respondent. § § § § § § § § Civil Action No. 4:15-CV-142-O OPINION AND ORDER Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Michael Peco, a federal prisoner who is confined in FCI-Fort Worth, against Rodney W. Chandler, warden of FCI-Fort Worth, Respondent. After considering the pleadings and relief sought by Petitioner, the Court has concluded that the petition should be dismissed as moot. I. BACKGROUND Petitioner challenges a 2011 incident report and prison-disciplinary proceeding conducted at MCC-Chicago and the resultant loss of 27 days’ good-time credit. Pet. 1-2 & Exs. 1 & 2, ECF No. 1. Both parties agree that the disciplinary proceeding and incident report have been expunged from Petitioner’s prison record, and Respondent provides proof that Petitioner’s lost good-time credit has been restored. Resp’t’s Resp. 1-2, ECF No. 8; Resp’t’s App. 1, ECF No. 9. Accordingly, Respondent asserts the case is now moot and should be dismissed. Resp’t’s Resp. 1-2, ECF No. 8. II. DISCUSSION This court does not have the power under Article III of the Constitution to decide the merits of a case that is moot when it comes before the court. See Goldin v. Bartholow, 166 F.3d 710, 717 (5th Cir. 1999). “[A] case is moot when it no longer presents a live controversy with respect to Dockets.Justia.com which the court can give meaningful relief.” McClelland v. Gronwaldt, 155 F.3d 507, 514 (5th Cir. 1998) (internal quotations, footnote, and brackets omitted), overruled on other grounds by Arana v. Ochsner Health Plan, 338 F.3d 433, 440 & n.11 (5th Cir. 2003) (en banc). If a case is moot, a court lacks subject matter jurisdiction. Carr v. Saucier, 582 F.2d 14, 15-16 (5th Cir. 1978). Because the BOP has expunged the disciplinary proceeding and incident report and restored Petitioner’s lost good-time credit, the Court can no longer provide Petitioner with that relief. Thus, the Court agrees that this case has been rendered moot. Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). III. CONCLUSION For the reasons discussed herein, Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DISMISSED as moot. SO ORDERED on this 6th day of August, 2015. _____________________________________ Reed O’Connor UNITED STATES DISTRICT JUDGE 2
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