M. Ash-Sharief Al’askari v. FEDERAL BUREAU OF PRISONS On Appeal From the United States District Court For the…

HPS-153 UNREPORTED - NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 03-1834
________________
M. ASH-SHARIEF AL’ASKARI,
Appellant
v.
FEDERAL BUREAU OF PRISONS
____________________________________
On Appeal From the United States District Court
For the Middle District of Pennsylvania
(D.C. Civ. No. 02-cv-01475)
District Judge: Honorable William W. Caldwell
_______________________________________
Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6
August 28, 2003
Before: Scirica, Chief Judge, Weis and Garth, Circuit Judges.
(Filed: September 17, 2003)
_______________________
OPINION
_______________________
PER CURIAM.
In August 2002 Al’Askari filed a habeas corpus petition pursuant to 28 U.S.C. §
2241 in which he contends that he should have been placed in pre-release custody
pursuant to 18 U.S.C. § 3624(c). In a Report and Recommendation, the Magistrate Judge
disagreed and recommended denying the petition. However, the District Court

-- 1 of 3 --

2
subsequently received notice that Al’Askari had been released from custody on January
21, 2003. For that reason, and because Al’Askari does not challenge the legality of his
conviction or sentence and has not demonstrated continuing collateral consequences, the
District Court dismissed the petition as moot, citing Spencer v. Kemna, 523 U.S. 1
(1998). This appeal followed.
We agree with the District Court. In his petition Al’Askari challenged only the
failure of the BOP to release him to pre-release custody. Once he was released from
prison, his petition no longer presented a case or controversy under Article III, § 2, of the
Constitution and the issue became moot. Accordingly, we shall affirm the judgment of
the District Court.

-- 2 of 3 --

HPS-153 UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 03-1834
________________
M. ASH-SHARIEF AL’ASKARI,
Appellant
v.
FEDERAL BUREAU OF PRISONS
____________________________________
On Appeal From the United States District Court
For the Middle District of Pennsylvania
(D.C. Civ. No. 02-cv-01475)
District Judge: Honorable William W. Caldwell
_______________________________________
Summary Action Under Third Circuit LAR 27.4 and I.O.P. 10.6
August 28, 2003
Before: Scirica, Chief Judge, Weis and Garth, Circuit Judges.
JUDGMENT
This cause came on to be heard on the record from the United States District Court
for the Middle District of Pennsylvania and was submitted for summary action under
Third Circuit LAR 27.4 and I.O.P. 10.6. On consideration whereof, it is now here
ORDERED AND ADJUDGED by this Court that the judgment of the District
Court entered March 4, 2003 be and the same is hereby affirmed. All of the above in
accordance with the opinion of this Court.
ATTEST:
Chief Deputy Clerk
DATED: September 17, 2003

-- 3 of 3 --