BLAKENEY v. HUETTER (2020)

[Unpublished]

In a petition for a writ of habeas corpus, see 28 U.S.C. § 2241, Steven Blakeney claimed that the Bureau of Prisons should not have changed his early-release date. The district court ¹ dismissed the petition without prejudice.

We conclude that this case has become moot because Blakeney has already been released from prison. A ruling that his early-release date was improperly changed would not affect his current term of supervised release, nor have we identified any potential collateral consequences. See United States v. Johnson, 529 U.S. 53, 54–59, 120 S.Ct. 1114, 146 L.Ed.2d 39 (2000) (holding that courts may not use excess prison time served to offset the length of a supervised-release term); Leonard v. Nix, 55 F.3d 370, 373 (8th Cir. 1995) (stating that physical release will moot a habeas petition based on the amount of time spent in custody unless there are “collateral consequences independent of the underlying conviction”). We accordingly dismiss the appeal.

FOOTNOTES

1.   The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri.

PER CURIAM.