Miranda-Ortiz v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Brian Miranda-Ortiz
v. 	Case No. 23-cv-345-SE
FCI Berlin Warden
REPORT AND RECOMMENDATION
Brian Miranda-Ortiz’s petition for a writ of habeas corpus
under 28 U.S.C. § 2241 (Doc. No. 1) is here for preliminary review.
See 28 U.S.C. § 2243; Rule 4 of the Rules Governing Section 2254
Cases (“§ 2254 Rules”); LR 4.3(d)(4)(A); see also § 2254 Rule 1(b)
(§ 2254 Rules may apply to § 2241 petitions).
Pursuant to § 2254 Rule 4, a federal judge must screen § 2241
petitions and, if “it plainly appears from the petition and any
attached exhibits that the petitioner is not entitled to relief in
the district court, the judge must dismiss the petition.” 	Id.; see
also 28 U.S.C. § 2243; McFarland v. Scott, 512 U.S. 849, 856 (1994)
(courts “are authorized to dismiss summarily any habeas petition
that appears legally insufficient on its face”). 	The issue of
whether petitioner’s habeas petition is moot may be raised sua
sponte at this stage of the case. 	See Awan v. Hollingsworth, No.
14-cv-3798 (RBK), 2014 WL 7051769, at *1, 2014 U.S. Dist. LEXIS
172142, at *3 (D.N.J. Dec. 12, 2014). 	And the court may take
judicial notice of publicly-available information from the Federal
Bureau of Prisons (“BOP”) Inmate Locator in this context. 	See,
e.g., id.; see also United States v. Basher, 629 F.3d 1161, 1165 &
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n.2 (9th Cir. 2011) (taking judicial notice of information from BOP
Online Inmate Locator).
The petitioner filed this petition while he was a prisoner in
BOP custody. 	The petitioner sought court-ordered relief as he
anticipated that the BOP would prolong his custody beyond his
anticipated release date of July 14, 2023. 	The petitioner sought an
order directing that the BOP release him on July 14, 2023.
The BOP Online Inmate Locator states that the petitioner was
released from BOP custody on July 14, 2023. 	The petitioner’s
release appears to have mooted his petition, see Francis v. Maloney,
798 F.3d 33, 38 (1st Cir. 2015), as he has obtained the relief he
sought. 	The district judge should dismiss this case, and the clerk
should enter judgment and close the case.
Any objections to this Report and Recommendation must be filed
within fourteen days of receipt of this notice. 	The objection
period may be extended upon motion. 	Only those issues raised in the
written objections are subject to review in the district court, and
any issues not preserved by such objection are precluded on appeal.
Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016)
(citations omitted).
_______________________________
Andrea K. Johnstone
United States Magistrate Judge
July 18, 2023
cc: 	Brian Miranda-Ortiz, pro se
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