Alston v. Adams ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7844
LUCIUS EDWARD ALSTON, JR.,
Petitioner - Appellant,
versus
VANESSA ADAMS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CA-05-551-1)
Submitted: April 27, 2006 Decided: May 4, 2006
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Lucius Edward Alston, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Lucius Edward Alston, Jr., filed this 28 U.S.C. § 2241(2000) petition against Vanessa Adams, the warden at the Petersburg
Federal Correctional Complex, challenging the fact that when his
federal detention ended he would be turned over to Virginia
authorities. Alston contends that he owes Virginia no time. While
this appeal was pending, Alston was released from federal custody
and is now being held by Virginia authorities.
The Constitution limits the jurisdiction of federal
courts to actual cases or controversies. U.S. Const. art. III,
§ 2; Honig v. Doe, 484 U.S. 305, 317 (1988). The controversy must
be present at all stages of review. Arizonans for Official
English v. Arizona, 520 U.S. 43, 66 (1997). When a case becomes
moot after judgment in the district court, the appellate court has
no jurisdiction to hear the appeal. Mellen v. Bunting, 327 F.3d
355, 363-64 (4th Cir. 2003).
As Alston is no longer held in federal custody, his
action against Adams is moot. Any relief he seeks against Virginia
must be filed against a state defendant after exhaustion of his
state remedies. 28 U.S.C. § 2254 (2000). Accordingly, we dismiss
the appeal as moot. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
DISMISSED
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