Sean L. Silcox v. William Scism, Warden

CLD-051
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 10-2803
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SEAN L. SILCOX,
Appellant
v.
WILLIAM SCISM, WARDEN
____________________________________
Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 10-cv-00189)
District Judge: Honorable Malcolm Muir
____________________________________
Submitted for Possible Dismissal as Moot
November 24, 2010
Before: RENDELL, FUENTES and SMITH, Circuit Judges
(Opinion filed: December 8, 2010)
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OPINION OF THE COURT
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PER CURIAM
Sean Silcox appeals the District Court’s order denying his petition filed pursuant to
28 U.S.C. § 2241. For the reasons below, we will dismiss the appeal as moot.

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The procedural history of this case and the details of Silcox’s claims are well
known to the parties, set forth in the District Court’s memorandum order, and need not be
discussed at length. Briefly, Silcox challenged a disciplinary sanction which included the
loss of good conduct time, revocation of his halfway house placement, and forfeiture of a
sentence reduction after he was found guilty of making, possessing, or using intoxicants.
He argued that the finding of the hearing officer was not supported by credible evidence
and that the BOP failed to follow its own procedures and deprived him of a meaningful
opportunity to respond to the charges. As relief, Silcox requested that his early release
and good time credit be restored and he be immediately released from custody. The
District Court denied the petition, and Silcox filed a timely notice of appeal.
According to the BOP’s inmate locator, Silcox was released from prison on
October 22, 2010. By order entered October 26, 2010, the Clerk requested that the parties
address whether the appeal is moot in light of Silcox’s release. Neither party has
responded.
We conclude that the appeal is moot. Silcox sought relief which would result in
his release from prison and he has been released from prison. There is now no effective
relief that we could grant Silcox. See In re Cantwell, 639 F.2d 1050, 1053 (3d Cir. 1981)
(“[A]n appeal will be dismissed as moot when events occur during the pendency of the
appeal which prevent the appellate court from granting any effective relief.”) .
Accordingly, we will dismiss the appeal as moot.

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