WOLCOFF

v.

SECRETARY, DEPARTMENT OF CORRECTIONS

Therefore, petitioner asks that the Court grant the following relief: to be awarded prior prison credit on case 01-6359 (Duval County FL.). The Box on sentence sheet was left blank so D.O.C. will not apply credit. I ask that the box be checked so I may receive all credit for time served on this sentence.

Doc. 1 at 5, 15. To add context, the Court summarizes only the procedural history necessary for purposes of this Order. On August 31, 2001, Petitioner entered a negotiated plea of guilty to trafficking in oxycodone. Resp. Ex. C. That same day, pursuant to his negotiated disposition, the trial court sentenced Petitioner to a ten-year term of incarceration to be followed by a five-year term of probation. Resp. Ex. E. Approximately two years into the probationary term of his split sentence, on August 1, 2012, Petitioner entered a negotiated plea of guilty to violation of probation. Resp. Ex. Y. That same day, the trial court revoked his probation and sentenced Petitioner to a ten-year term of incarceration with 380 days of jail credit. Resp. Ex. AA. The trial court further ordered that his sentence run concurrent with the sentences Petitioner was serving for convictions in Putnam County, Florida, 2011cf1320, and Clay County, Florida, 2012cf0637. Resp. Ex. BB. Petitioner did not seek a direct appeal, but he did file a postconviction motion requesting that the trial court award him prior prison credit. Resp. Ex. KK at 1, 2-4. The trial court denied Petitioner’s request, see id. at 5-6, and the First District Court of Appeal per curiam affirmed the denial without a written opinion, see Resp. Ex. NN. Here, Petitioner alleges that the state court erred in denying him prior prison credit and requests the Court to award him that credit, ultimately seeking to change the date he is to be released from custody. However, a review of the FDOC’s website shows that Petitioner was released from the FDOC’s custody on January 15, 2020.2 See Corrections Offender Network, Florida

Department of Corrections, available at http://www.dc.state.fl.us/AppCommon/ (last visited Jan. 27, 2020). Because Petitioner challenges the status of his confinement, rather than his underlying conviction, there are no collateral consequences for the Court to consider. His release from state custody has rendered this action moot. See Hernandez v. Wainwright, 796 F. 2d 389, 390 (11th Cir. 1986); Smith v. Sec’y, Dep’t of Corr., No. 17-11330-G, 2017 WL 4457448, at *2 (11th Cir. 2017); see also Bailey v. Southerland, 821 F. 2d 277, 278-79 (5th Cir. 1987).

due process.’” Branan, 861 F. 2d at 1508 (quoting Willeford v. Estelle, 538 F. 2d 1194, 1198 (5th Cir. 1976)). As such, the Petition is due to be dismissed. Accordingly, it is ORDERED AND ADJUDGED:

1. The Petition (Doc. 1) is DENIED as moot and this case is DISMISSED without prejudice.
2. The Clerk shall enter judgment dismissing this case without prejudice, terminate any pending motions, and close the file.

3. If Petitioner appeals the dismissal of this case, the Court denies a certificate of appealability.? Because the Court has determined that a certificate of appealability is not warranted, the Clerk shall terminate from the pending motions report any motion to proceed on appeal as a pauper that may be filed in this case. Such termination shall serve as a denial of the motion. DONE AND ORDERED at Jacksonville, Florida, this 27th day of January, 2020.

TIMOTHY J. CORRIGAN

United States District Judge

Jax-7

C: Michael Wolcoff, #605720 Barbara Debelius-Enemark, Esq.