Danny Green v. Charles Maiorana , 599 F. App'x 557 ( 2015 )


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  •      Case: 14-31171      Document: 00513006137         Page: 1    Date Filed: 04/15/2015
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 14-31171
    Summary Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    April 15, 2015
    DANNY LEE GREEN,
    Lyle W. Cayce
    Clerk
    Petitioner-Appellant
    v.
    CHARLES MAIORANA,
    Respondent-Appellee
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 2:13-CV-812
    Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
    PER CURIAM: *
    Danny Lee Green, formerly federal prisoner # 10822-064, appeals the
    dismissal of his 28 U.S.C. § 2241 petition in which he argued that he was
    deprived of his due process right to adequate notice of the charge against him
    during a prison disciplinary proceeding. The district court denied his petition
    on the merits.
    * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH
    CIR. R. 47.5.4.
    Case: 14-31171    Document: 00513006137     Page: 2   Date Filed: 04/15/2015
    No. 14-31171
    Green was released from prison while the instant appeal was pending.
    An appeal is not moot simply because a § 2241 petitioner is no longer in
    custody. Brown v. Resor, 
    407 F.2d 281
    , 283 (5th Cir. 1969). However, an action
    is moot when the court cannot grant the relief requested by the moving party.
    See Bailey v. Southerland, 
    821 F.2d 277
    , 278 (5th Cir. 1987).
    Green’s petition does not challenge his conviction which carries collateral
    consequences even after release. See Spencer v. Kemna, 
    523 U.S. 1
    , 7 (1998).
    Instead, Green’s petition alleges purported errors that occurred after he was
    sentenced, for which he seeks the restoration of lost good time credit and
    restoration of his classification level. Because Green was released in January
    2015, this court can no longer provide him with that relief. See 
    Bailey, 821 F.2d at 278
    . Insofar as Green’s claim includes a request for expungement of
    the disciplinary charge from his record, this issue is similarly moot as he has
    not alleged any adverse consequences that will continue to flow from that
    violation. See 
    id. at 279.
    Accordingly, Green’s appeal is DISMISSED as moot.
    2
    

Document Info

Docket Number: 14-31171

Citation Numbers: 599 F. App'x 557

Filed Date: 4/15/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023