Simon v. United States ( 1995 )

USCA1 Opinion

        December 4, 1995        [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT







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        No. 95-1330



                                    CHARLES SIMON,



                                Plaintiff, Appellant,



                                          v.



                              UNITED STATES OF AMERICA,



                                 Defendant, Appellee.





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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                   [Hon. Reginald C. Lindsay, U.S. District Judge]



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                                        Before



                                Selya, Stahl and Lynch,

                                   Circuit Judges.
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            Charles Simon on brief pro se.
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            Donald K.  Stern, United States  Attorney, and  Emily R. Schulman,
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        Assistant United States Attorney, on brief for appellee.





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                 Per Curiam.  By way of this habeas corpus petition under
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            28 U.S.C.     2241, petitioner  Charles  Simon sought  to  be



            awarded 120  days of "meritorious  good time credit"  that he



            alleged had  been unlawfully  withheld from him.   Petitioner



            has since been released from prison.   As there is no  longer



            any  available relief  that  can be  judicially awarded,  his



            petition  is  moot.   See, e.g.,  Fendler  v. U.S.  Bureau of
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            Prisons,  846  F.2d  550,  555  (9th  Cir. 1988);  Bailey  v.
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            Southerland, 821  F.2d 277, 278 (5th Cir. 1987) (per curiam).
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            We  accordingly  vacate  the  district  court's  judgment and



            remand with directions to dismiss the action on the ground of



            mootness.  See, e.g., United  States v. Munsingwear, 340 U.S.
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            36,  39-40 (1950); Motta v. District Director of INS, 61 F.3d
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            117, 118-19 (1st Cir. 1995).



                 Vacated  and  remanded with  directions  to  dismiss the
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            action as moot.
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