WILLIAM L. RUSSELL, PETITIONER-APPELLANT,
v.
J. D. HENDERSON, RESPONDENT-APPELLEE

5th Cir. | 1973-03-26
No. 72-3658
Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.
475 F.2d 1138 Court of Appeals for the Fifth Circuit (1973) Positive Treatment
Cited by 2 cases

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Holding

The court held that the case is moot because the appellant is no longer incarcerated.


Facts & Procedural History

An inmate filed a petition for a writ of habeas corpus alleging cruel and unusual punishment due to his confinement conditions. The district court den…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Russell, while an inmate of the United States Penitentiary at Atlanta, Georgia, filed a petition for a writ of habeas corpus in the district court, seeking relief from conditions at the prison which he alleged constituted cruel and unusual punishment. Russell contended that his indeterminate confinement in poorly ventilated administrative segregation violated his Eighth Amendment right to be free from cruel and unusual punishment. The district court denied relief, and this appeal was taken.1

The Administrative Assistant of the United States Penitentiary at Atlanta, Georgia, has filed an affidavit in this Court certifying that the appellant is no longer incarcerated there. The case is moot. Williams v. U. S. Department of Justice, 5 Cir. 1972, 462 F. 2d 1291; McCarroll v. Morrow & Holman, 5 Cir. 1971, 435 F. 2d 560; Bryant v. Blackwell, 5 Cir. 1970, 431 F. 2d 1203.

Appeal dismissed.

. It is appropriate to dispose of this pro se case summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5 Cir. 1969, 412 F. 2d 981.


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