From Casetext: Smarter Legal Research

Marshek v. Eichenlaub

United States Court of Appeals, Sixth Circuit
Jan 25, 2008
266 F. App'x 392 (6th Cir. 2008)

Summary

holding that court is permitted to take judicial notice, sua sponte and at the appeals stage, of information on the Inmate Locator, which enables the public to track the location of Federal inmates, is maintained by the Federal Bureau of Prisons and is accessed through the agency's website, to discover that appellant has been released since the filing of his appeal and conclude that there remains no actual injury which the court could redress with a favorable decision and, thus, dismiss the appeal as moot

Summary of this case from Navelski v. Int'l Paper Co.

Opinion

No. 07-1246.

January 25, 2008.

On Appeal from the United States District Court for the Eastern District of Michigan.

Before: DAUGHTREY and COOK, Circuit Judges; and VINSON, District Judge.

The Honorable C. Roger Vinson, Senior United States District Judge for the Northern District of Florida, sitting by designation.


The petitioner, Tyson Eugene Marshek, appeals the district court's denial of his petition for habeas corpus filed under 28 U.S.C. § 2241. By his petition, and in this appeal, Marshek challenges regulations promulgated by the Bureau of Prisons ("BOP") which categorically preclude a federal prisoner from being placed in, or transferred to, a Community Corrections Center ("CCC"), more commonly known as a halfway house, except during the lesser of six months or the last ten percent of his sentence. Marshek requests that we reverse the district court and instruct BOP to "immediately review" and reconsider his application for a transfer to a CCC. However, according to BOP's Inmate Locator — which may be accessed through its official website (www.bop.gov), and of which we take judicial notice — Marshek was transferred to a CCC during the pendency of this appeal.

In Brock v. United States Department of Justice, 256 Fed.Appx. 748 (6th Cir. 2007), another panel of this Court confronted the same situation now facing us. The petitioner there filed a habeas petition challenging the BOP regulations governing CCC placement. The Brock panel looked to the BOP Inmate Locator and discovered that the petitioner was transferred to a CCC (and later released from custody) while the appeal was pending. The court held, sua sponte, that the case was moot because it was unable to grant the relief being requested and no injury remained that could be redressed with a favorable decision. Id. at 750-51 (citing Elwood v. Sanders, 152 Fed.Appx. 558 (8th Cir. 2005); Chhibba v. Federal Bureau of Prisons, 154 Fed.Appx. 279 (3d Cir. 2005)). We agree with this analysis and result. This appeal has clearly been rendered moot by Marshek's placement in a CCC. We must, and do, dismiss his appeal. All pending motions are also denied as moot.


Summaries of

Marshek v. Eichenlaub

United States Court of Appeals, Sixth Circuit
Jan 25, 2008
266 F. App'x 392 (6th Cir. 2008)

holding that court is permitted to take judicial notice, sua sponte and at the appeals stage, of information on the Inmate Locator, which enables the public to track the location of Federal inmates, is maintained by the Federal Bureau of Prisons and is accessed through the agency's website, to discover that appellant has been released since the filing of his appeal and conclude that there remains no actual injury which the court could redress with a favorable decision and, thus, dismiss the appeal as moot

Summary of this case from Navelski v. Int'l Paper Co.

holding that the court could take judicial notice of information on the Inmate Locator, maintained by the Federal Bureau of Prisons, and accessed through the agency's Web site

Summary of this case from Binns v. Comm'r

holding that court could take judicial notice of information on the Inmate Locator, which enables the public to track the location of Federal inmates, is maintained by the Federal Bureau of Prisons, and is accessed through the agency's Web site, to discover that appellant had been released since the filing of his appeal and conclude that there remained no actual injury which the court could redress with a favorable decision and, thus, dismiss the appeal as moot

Summary of this case from CNT Investors, LLC v. Comm'r

holding that court could take judicial notice of information on the Inmate Locator, which enables the public to track the location of Federal inmates, is maintained by the Federal Bureau of Prisons, and is accessed through the agency's Web site, to discover that appellant had been released since the filing of his appeal and conclude that there remained no actual injury which the court could redress with a favorable decision and, thus, dismiss the appeal as moot

Summary of this case from Bunch v. Comm'r

holding that the court is permitted to take judicial notice, sua sponte and at the appeals stage, of information on the Inmate Locator, which enables the public to track the location of Federal inmates and is maintained by the Federal Bureau of Prisons and is accessed through the agency's Web site, to discover that appellant has been released since the filing of his appeal and conclude that there remains no actual injury which the court could redress with a favorable decision and, thus, dismiss the appeal as moot

Summary of this case from Evans v. Commissioner of Internal Revenue

taking judicial notice of “BOP's Inmate Locator . . . through its official website (www.bop.gov)” that plaintiff was transferred during the pendency of his appeal

Summary of this case from Cook v. Hemingway

taking judicial notice of the Bureau of Prisons' official website for purposes of determining that an inmate had already been transferred to a Community Corrections Center, which was the very relief sought in his habeas petition, rendering the petition and the appeal moot

Summary of this case from Infocision Mgmt. Corp. v. Found. for Moral Law, Inc.

taking judicial notice of information on the Federal Bureau of Prisons website

Summary of this case from Jordan v. Comm'r

taking judicial notice of information from the Federal Bureau of Prisons Web site

Summary of this case from Rubenstein v. Commissioner
Case details for

Marshek v. Eichenlaub

Case Details

Full title:Tyson Eugene MARSHEK, Petitioner-Appellant, v. C. EICHENLAUB, Warden…

Court:United States Court of Appeals, Sixth Circuit

Date published: Jan 25, 2008

Citations

266 F. App'x 392 (6th Cir. 2008)

Citing Cases

Winkle v. Shartle

At least two other panels of this court have dismissed an appeal as moot where an inmate was transferred to a…

White v. Correctional Medical Services

The MDOC grievance procedure is an administrative review regulated by the agency's Policy Directives. This…