Pinsky v. Warden of the Gilmer Federal Correctional Institution
2:11-cv-00066
N.D.W. Va.Jan 6, 2012Background
- Petitioner Pinsky, proceeding pro se, filed a habeas corpus petition under 28 U.S.C. § 2241 and paid the filing fee.
- At filing, he was confined at Gilmer FCI in West Virginia for a seven-month sentence for a supervised release violation.
- Petition challenges the denial of placement in a Residential Re-entry Center (RRC) and alleged misapplication of § 3621(b) factors.
- Initial denial was based on perceived financial resources and community ties negating need for RRC.
- A later finding purportedly precluded RRC placement because incarceration involved a supervised release violation, and petitioner sought reconsideration for RRC placement.
- He was released from custody on December 1, 2011, rendering further relief impossible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is moot due to petitioner's release | Pinsky seeks RRC placement relief | Warden asserts relief cannot be granted | Petition is moot; dismissal warranted |
Key Cases Cited
- Powell v. McCormick, 395 U.S. 486 (1969) (jurisdictional limits in case or controversy; mootness framework referenced)
- Blanciak v. Allegheny Ludlum Co., 77 F.3d 690 (3d Cir. 1996) (mootness where no viable relief can be afforded)
- Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973) (habeas and custody-focused relief principles)
- Leonard v. Hickey, 2009 WL 1939174 (S.D.W.Va. 2009) (quoted for habeas relief scope, though WL citation)
- Thomas v. Arn, 474 U.S. 140 (1985) (statutory timing and procedures for objections in reviewing magistrate recommendations)
- Wright v. Collins, 766 F.2d 841 (4th Cir. 1985) (procedural avenues for objections to recommendations)
- United States v. Schronce, 727 F.2d 91 (4th Cir. 1984) (cert. denied; applicability to habeas context)
