Charles Arroyo v. Jody Upton ( 2020 )

Case: 19-40031 Document: 00515599668 Page: 1 Date Filed: 10/13/2020
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
October 13, 2020
No. 19-40031 Lyle W. Cayce
Summary Calendar Clerk
Charles Andrew Arroyo,
Petitioner—Appellant,
versus
Jody R. Upton, Warden,
Respondent—Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:10-CV-489
Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam:*
Charles Andrew Arroyo, formerly federal prisoner # 15364-179,
appeals the dismissal of his 28 U.S.C. § 2241 application wherein he argued
that he was deprived of his due process rights during a prison disciplinary
proceeding. The district court denied his § 2241 application on the merits.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 19-40031 Document: 00515599668 Page: 2 Date Filed: 10/13/2020
No. 19-40031
While the instant appeal was pending, Arroyo was released from
prison. An appeal is not moot simply because a § 2241 petitioner is no longer
in custody. Brown v. Resor, 407 F.2d 281, 283 (5th Cir. 1969). However, an
action is moot when the court cannot grant the relief requested by the moving
party. Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987).
The instant habeas application concerns purported errors that
occurred after Arroyo was sentenced, for which he seeks the restoration of
good-time credits and other privileges he lost as a result of his disciplinary
violation. However, because Arroyo was released from prison in August
2020, this court can no longer provide him with the requested relief. See
Bailey, 821 F.2d at 278. Insofar as he also seeks the expungement of the
disciplinary charge from his record, this issue is similarly moot. See id. at 279.
Accordingly, Arroyo’s appeal is DISMISSED as moot.
2