Salinas v. U.S. Marshals Service

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 11, 2004 Charles R. Fulbruge III Clerk No. 04-20427 Summary Calendar LEOPOLDO SALINAS, Petitioner-Appellant, versus THE U.S. MARSHALS SERVICE; U.S. PAROLE COMMISSION, Respondents-Appellees. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:03-CV-3858 Before JONES, BARKSDALE, and PRADO, Circuit Judges. PER CURIAM:* Leopoldo Salinas filed a 28 U.S.C. § 2241 petition in the district court challenging his confinement based on the validity of a federal warrant and on the computation of his sentence. The district court dismissed Salinas’ petition for lack of jurisdiction due to his failure to exhaust administrative remedies. Salinas has since been released from federal custody. This court is obligated to address issues of jurisdic- tion, including mootness, prior to addressing the merits of an * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. appeal. Goldin v. Bartholow, 166 F.3d 710, 714 (5th Cir. 1999). Because Salinas has already been released from federal custody, there is no relief this court can grant, and Salinas’ appeal is DISMISSED as moot. See Schlang v. Heard, 691 F.2d 796, 799 & n.6 (5th Cir. 1982). DISMISSED. 2