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  • Posey v. Dewalt, 4th Cir. (2000)

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    David Posey filed a 28 U.S.C. § 2241 petition seeking reclassification to minimum security status and reassignment to a prison camp while incarcerated. The United States Court of Appeals for the Fourth Circuit dismissed the appeal as moot because Posey was no longer in federal custody and thus the relief requested in his petition could no longer be granted. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

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    Filed: 2000-05-18 Precedential Status: Non-Precedential Docket: 00-6061

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    David Posey filed a 28 U.S.C. § 2241 petition seeking reclassification to minimum security status and reassignment to a prison camp while incarcerated. The United States Court of Appeals for the Fourth Circuit dismissed the appeal as moot because Posey was no longer in federal custody and thus the relief requested in his petition could no longer be granted. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

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    4 views2 pages

    Posey v. Dewalt, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    David Posey filed a 28 U.S.C. § 2241 petition seeking reclassification to minimum security status and reassignment to a prison camp while incarcerated. The United States Court of Appeals for the Fourth Circuit dismissed the appeal as moot because Posey was no longer in federal custody and thus the relief requested in his petition could no longer be granted. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-6061

    DAVID HOWARD POSEY,


    Petitioner - Appellant,
    versus
    STEVEN DEWALT, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, District Judge.
    (CA-98-834)

    Submitted:

    May 11, 2000

    Decided:

    May 18, 2000

    Before MURNAGHAN, LUTTIG, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    David Howard Posey, Appellant Pro Se. Leslie Bonner McClendon,
    OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    David Howard Posey appeals from the district courts order
    denying relief on his 28 U.S.C. 2241 (1994) petition.

    In his pe-

    tition, Posey sought reclassification to a minimum security status


    and reassignment to a prison camp.*

    Because Posey is no longer in

    federal custody, the relief he asked for cannot be granted.


    cordingly, we dismiss the appeal as moot.

    Ac-

    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

    Posey was a federal prisoner at the time he filed his


    petition.
    2

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