FILED
NOT FOR PUBLICATION JUL 18 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
WILSON THOMAS, No. 10-15820
Petitioner - Appellant, D.C. No. 1:08-cv-01566-AWI
v.
MEMORANDUM *
NEIL H. ADLER, Warden; TAFT C.I.;
FEDERAL BUREAU OF PRISONS,
Respondents - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Federal prisoner Wilson Thomas appeals pro se from the district court’s
judgment dismissing his 28 U.S.C. § 2241 habeas petition as moot. We have
jurisdiction under 28 U.S.C. § 2253, and we affirm the district court.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Thomas contends that the district court erred by dismissing his habeas
petition seeking immediate consideration for transfer into a Residential Reentry
Center (“RRC”). The record reflects that the district court did not err when it
dismissed the petition because the Bureau of Prisons has eliminated the policy
Thomas challenged in his petition. In addition, at the time of the district court’s
decision, Thomas had already received an individualized consideration for RRC
placement in accordance with 18 U.S.C. §§ 3621(b) and 3624(c), and Rodriguez v.
Smith, 541 F.3d 1180, 1184-89 (9th Cir. 2008).
Thomas’s remaining contentions are unavailing.
AFFIRMED.
2 10-15820