WASHINGTON v. ZYCH (2019)

Timothy Earl Washington, a federal prisoner, appeals the district court's order dismissing his 28 U.S.C. § 2241 (2012) petition challenging his 180-month sentence for being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(e) (2012). While this appeal was pending, the United States District Court for the District of South Carolina granted Washington's 28 U.S.C. § 2255 (2012) motion. He was resentenced and released from custody, and is not subject to any additional supervised release. “Mootness is a jurisdictional question and thus may be raised sua sponte by a federal court at any stage of proceedings.” United States v. Springer, 715 F.3d 535, 540 (4th Cir. 2013) (citation omitted). Because Washington has already been granted the relief that he sought in his § 2241 petition, we conclude that the appeal is moot.

Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.