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McGee v. Withers

United States District Court, Sixth Circuit

January 16, 2014

CHARLES WESLEY McGEE, a/k/a Charles Wesley McGee, Jr., Petitioner,
v.
SHANNON WITHERS, Acting Warden, United States Penitentiary-McCreary, Respondent.

MEMORANDUM OPINION AND ORDER

DANNY C. REEVES, District Judge.

Charles Wesley McGee, an inmate previously confined at the United States Penitentiary-McCreary ("USP-McCreary") in Pine Knot, Kentucky, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. McGee seeks the removal of a state detainer connected to his underlying criminal convictions in Oklahoma. [Record No. 1] After reviewing McGee's petition[1], the Court finds that his claim is moot.

McGee seeks to quash the state detainer that he asserts was lodged against him by the Bureau of Prisons ("BOP") at USP-McCreary. [Record No. 1, p. 7] His sole request for relief is that the Court lift the detainer and order the BOP to release him on October 29, 2013. [ Id., p. 8] However, McGee was released from federal custody on October 29, 2013. See http://www.bop.gov (last visited January 16, 2014). The United States Probation Office for the Western District of Oklahoma has verified that McGee has been released from federal custody and is presently serving his five-year term of supervised release. See http://www.okwp.uscourts.gov (last visited January 16, 2014). Thus, his claim is moot. Demis v. Sniezek, 558 F.3d 508, 513 (6th Cir. 2009) (internal quotation marks omitted) ("This Court lacks jurisdiction to consider any case or issue that has lost its character as a present, live controversy and thereby becomes moot."); Marshek v. Eichenlaub, 266 F.Appx. 392 (6th Cir. 2008) (A prisoner's § 2241 petition becomes moot where the prisoner is released, and the Court is unable to grant the relief requested and no injury remains). Accordingly, it is hereby

ORDERED as follows:

1. The Clerk of the Court is directed to substitute Shannon Withers, Acting Warden, as the Respondent in this proceeding.

2. Charles W. McGee's 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus [Record No. 1] is DENIED, as moot.

3. This action is DISMISSED and STRICKEN from the Court's docket.


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