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Morgan v. Futch

United States District Court, District Circuit

July 29, 2013

DUJUAN MORGAN, Petitioner,
v.
MR. FUTCH, WARDEN, D.C. JAIL, et al., Respondents.

MEMORANDUM OPINION & ORDER

KETANJI BROWN JACKSON, District Judge.

Pending before the Court is Petitioner DuJuan Morgan's petition for a writ of habeas corpus to compel Respondents-specifically, the United States Parole Commission ("Commission") and Greg Futch, Warden of the D.C. Central Detention Facility ("CDF")-to hold a parole revocation hearing. Petitioner initiated this action on May 29, 2013, after Petitioner had been held at CDF for over 90 days (since February 11, 2013) without a hearing. (Pet., ECF No. 1, at 2.)[1] By letter of July 19, 2013, nearly two months after the petition was filed, Petitioner informed the Court that the Commission did, in fact, hold a parole revocation hearing on July 18, 2013, and that during that hearing Petitioner's parole was revoked. (Pet'r's Ltr. of July 19, 2013 ("Pet'r's Ltr."), ECF No. 12 at 1.)

"[A] case is moot when the issues presented are no longer live' or the parties lack a legally cognizable interest in the outcome." Powell v. McCormack, 395 U.S. 486, 496 (1969); see also Spencer v. Kenma, 523 U.S. 1, 7 (1998) ("[T]hroughout the litigation, the plaintiff must have suffered, or be threatened with, an actual injury... likely to be redressed by a favorable court decision."). In his petition, Petitioner specifically requests that the Court order the Commission to hold a parole revocation hearing. (Pet. ΒΆ 33.) Because the relief that Petitioner seeks apparently has already been provided ( see Pet'r's Ltr. at 1), this action must be dismissed as moot. See Colts v. U.S. Parole Comm'n, 531 F.Supp.2d 8, 11 (D.D.C. 2008) ("[B]ecause the USPC already has conducted both [probable cause and revocation] hearings, petitioner is not entitled to... relief."); Thomas v. U.S. Parole Comm'n, Civ. A. No. 92-590(CRR), 1992 WL 193695, at *3 (D.D.C. Aug. 4, 1992) (case moot where petitioner, who complained of delayed revocation hearing, had since received it).

Accordingly, it is hereby ORDERED that this case is dismissed.


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