1. Home
  2. Browse Decisions
  3. F.3d
  4. 556 F.3d
  5. 556 F.3d 142 (2009)
 

BURKEY v. MARBERRY

No. 07-4782.

556 F.3d 142 (2009)

John BURKEY, Appellant v. Helen J. MARBERRY, Warden FCI McKean.

United States Court of Appeals, Third Circuit.

Filed: February 18, 2009.

Attorney(s) appearing for the Case

Thomas W. Patton, Esq., [Argued], Office of Federal Public Defender, Erie, PA, for Appellant, John Burkey.

Robert L. Eberhardt, Esq., Laura S. Irwin, Esq. [Argued], Office of the United States Attorney, Pittsburgh, PA, for Appellee, Helen J. Marberry, Warden FCI McKean.

Before: SCIRICA, Chief Judge, RENDELL, Circuit Judge, and O'CONNOR, Retired U.S. Supreme Court Justice.

OPINION OF THE COURT

RENDELL, Circuit Judge.

The question presented by this appeal is whether appellant John Burkey's release from Bureau of Prisons ("BOP") custody caused his pending habeas corpus petition—which challenged the BOP's failure to grant him early release—to be moot because it no longer presented a case or controversy under Article III, § 2, of the Constitution. We agree with the District Court that Burkey's petition is moot...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases