Michael Nelson v. Randy Tews , 588 F. App'x 566 ( 2014 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 12 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL ANTHONY NELSON, No. 13-17292
Petitioner - Appellant, D.C. No. 3:12-cv-05308-EMC
v.
MEMORANDUM*
RANDY L. TEWS,
Respondent - Appellee.
Appeal from the United States District Court
for the Northern District of California
Edward M. Chen, District Judge, Presiding
Submitted December 5, 2014**
Before: HAWKINS, McKEOWN, and FRIEDLAND, Circuit Judges.
Michael Anthony Nelson appeals pro se from the district court’s judgment
dismissing his 28 U.S.C. § 2241 habeas corpus petition as moot. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo the dismissal of a section
2241 petition, see Alaimalo v. United States, 645 F.3d 1042, 1047 (9th Cir. 2011),
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
and we affirm.
Nelson contends that the Bureau of Prisons (“BOP”) violated federal law by
categorically denying his request to be placed in a Residential Reentry Center
(“RRC”) based on Nelson’s status as a “holdover” inmate, rather than making an
individualized determination under 18 U.S.C. § 3624(c). The district court did not
err by concluding that this claim was moot and dismissing the petition. Nelson’s
sentence terminated while his case was pending and, contrary to his contention, his
claim is not “capable of repetition, yet evading review” because he has not
demonstrated a reasonable expectation that he will again be classified as a
“holdover” inmate and subjected to the BOP’s alleged categorical denial of his
request for RRC placement. See Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir.
1995).
We grant Nelson’s motion to supplement the record with the exhibit attached
to his motion, but reject his claim that the exhibit demonstrates that Nelson has a
pending federal warrant that could place him in “holdover” status.
AFFIRMED.
2 13-17292