Gordon v. Andrews, No. 1:2020cv00578 - Document 10 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION and ORDER granting 7 Motion to Dismiss; dismissing as moot 1 PETITION for Writ of Habeas Corpus; directing the Clerk to enter judgment and to close this civil action. Signed by District Judge Claude M. Hilton on 9/8/2020. (see order for details)(c/m 9/9/2020 shea)

Download PDF
Gordon v. Andrews Doc. 10 Case 1:20-cv-00578-CMH-TCB Document 10 Filed 09/08/20 Page 1 of 3 PageID# 93 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Lebert A. Gordon, Petitioner, ) ) ) V. ) J. Andrews, ) ) Respondent. l:20cv 578(CMH/TCB) ) MEMORANDUM OPINION AND ORDER Lebert A. Gordon, a federal inmate proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the calculation of his good time credits ("GTC")by the Bureau ofPrisons("BOP"). On July 23,2020,respondent filed a motion to dismiss[Dkt. No. 7], with a briefin support, and provided petitioner with the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975). [Dkt. Nos. 11,12]. Petitioner has not filed a response and the matter is now ripe for adjudication. For the reasons stated below, respondent's motion to dismiss shall be granted, and the underlying petition dismissed. In the § 2241 petition, Gordon asserted that the BOP had incorrectly computed his D.C. Educational Good Time(DCEGT)Credits. Specifically, Gordon "seeks the restoration of his previously earned and vested 63 days DCEGT Credits which he had earned" and a recalculation of his parole eligibility date to September 28, 2025. [Dkt. No. 1-1 at 9]. In response, the respondent states that the BOP audited Gordon's DCEGT credits on June 17, 2020 and restored the 63 credits at issue. [Dkt. No. 8-3 at 4]. In addition, the BOP has recalculated Gordon's Dockets.Justia.com Case 1:20-cv-00578-CMH-TCB Document 10 Filed 09/08/20 Page 2 of 3 PageID# 94 parole eligibility date as September 27,2025. [Dkt. No. 8-2 at 4]. Gordon has not contested the crediting ofthe 63 days or the recalculation ofthe parole eligibility date. "A habeas corpus petition is moot when it no longer presents a case or controversy under Article III, § 2,ofthe 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(citation omitted). Because Gordon has received the relief he requested his petition will be DISMISSED AS MOOT. S^ Williams v. Ozmint. 716 F.3d 801,809(4th Cir. 2013)("A change in factual circumstances can moot a case ... such as when the plaintiff receives the relief sought in his or her claim."); Johnson v. Finnan. 252 F. App'x 98,99(7th Cir. 2007)(restoration ofgood time credits renders moot inmate's habeas challenge). Accordingly, it is ORDERED that the respondent's motion to dismiss [Dkt. No.7] is GRANTED and the § 2241 petition [Dkt. No. 1] be and hereby is DISMISSED AS MOOT. To appeal this decision, petitioner must file a written notice of appeal with the Clerk's office within sixty(60)days ofthe date ofthis Order. S^ Fed. R. App. P. 4(a). A written notice of appeal is a short statement indicating a desire to appeal, noting the date ofthe Order over which the party seeks review. Failure to file a timely notice ofappeal waives the right to appeal this decision. Case 1:20-cv-00578-CMH-TCB Document 10 Filed 09/08/20 Page 3 of 3 PageID# 95 The Clerk is directed to enterjudgment in favor ofrespondent pursuant to Federal Rule of Civil Procedure 58; to send copies ofthis Order to petitioner and counsel ofrecord for respondent; and to close this civil action. Entered this of 2020. United States District Judge Alexandria, Virginia

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.