Opinions of the United
2009 Decisions States Court of Appeals
for the Third Circuit
3-13-2009
Edward Semulka v. Bur Prisons
Precedential or Non-Precedential: Non-Precedential
Docket No. 08-3403
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Recommended Citation
"Edward Semulka v. Bur Prisons" (2009). 2009 Decisions. Paper 1740.
http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1740
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 08-3403
___________
EDWARD SEMULKA,
Appellant
v.
BUREAU OF PRISONS;
WARDEN JERRY MARTINEZ
__________________________
Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 08-cv-01290)
District Judge: Honorable Sylvia H. Rambo
__________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
March 10, 2008
Before: RENDELL, FUENTES and NYGAARD, Circuit Judges
(Filed: March 13, 2009)
___________
OPINION OF THE COURT
___________
PER CURIAM
Edward Semulka appeals the District Court’s order denying his habeas petition
filed pursuant to 28 U.S.C. § 2241. The procedural history of this case and the details of
Semulka’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, Semulka was scheduled
to be released to a Community Corrections Center (“CCC”) on June 3, 2008. A few days
before his scheduled release, he was informed that he would not be released to the CCC
due to three open warrants. On July 7, 2008, Semulka filed § 2241 petition challenging
this determination. The District Court ordered a response and denied the petition.
Semulka then filed a timely notice of appeal.
In his § 2241 petition, Semulka requested that the District Court order his release
to the CCC. On November 28, 2008, Semulka was released from the custody of the
Bureau of Prisons (“BOP”). Because there is no effective relief that this Court can grant,
we will dismiss the appeal as moot. See In re Cantwell, 659 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.”)
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