December 4, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 95-1330
CHARLES SIMON,
Plaintiff, Appellant,
v.
UNITED STATES OF AMERICA,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Reginald C. Lindsay, U.S. District Judge]
Before
Selya, Stahl and Lynch,
Circuit Judges.
Charles Simon on brief pro se.
Donald K. Stern, United States Attorney, and Emily R. Schulman,
Assistant United States Attorney, on brief for appellee.
Per Curiam. By way of this habeas corpus petition under
28 U.S.C. 2241, petitioner Charles Simon sought to be
awarded 120 days of "meritorious good time credit" that he
alleged had been unlawfully withheld from him. Petitioner
has since been released from prison. As there is no longer
any available relief that can be judicially awarded, his
petition is moot. See, e.g., Fendler v. U.S. Bureau of
Prisons, 846 F.2d 550, 555 (9th Cir. 1988); Bailey v.
Southerland, 821 F.2d 277, 278 (5th Cir. 1987) (per curiam).
We accordingly vacate the district court's judgment and
remand with directions to dismiss the action on the ground of
mootness. See, e.g., United States v. Munsingwear, 340 U.S.
36, 39-40 (1950); Motta v. District Director of INS, 61 F.3d
117, 118-19 (1st Cir. 1995).
Vacated and remanded with directions to dismiss the
action as moot.
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