Writ of Habeas Corpus

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Criminal

7^th Circuit Court of Appeals

Officials: FLAUM, RIPPLE, and MANION, Circuit Judges

Writ of Habeas Corpus

No. 15-1145 Andre Jackson v. Marc Clements

Petition for writ of habeas corpus by appellant invalid when appellant is no longer a pre-trial detainee.

“Mr. Jackson, however, was no longer a pre-trial detainee when the district court ruled on his habeas petition. Mr. Jackson represents that he was a pre-trial detainee when he filed his petition but acknowledges that he was subsequently convicted in Wisconsin of identity theft—the crime that prompted the extradition. Once Mr. Jackson was convicted, the claims concerning his pre-trial confinement became moot. See Yohey v. Collins, 985 F.2d 222, 228–29 (5th Cir. 1993) (“[C]laims for federal habeas relief for pretrial issues are mooted by Yohey’s subsequent conviction.”); Fassler v. United States, 858 F.2d 1016, 1018 (5th Cir. 1988); Thorne v. Warden, Brooklyn House of Det. for Men, 479 F.2d 297, 299 (2d Cir. 1973); Medina v. People of State of Cal., 429 F.2d 1392, 1393 (9th Cir. 1970). In order for federal courts to retain jurisdiction over a case, there must be an “actual, ongoing controvers[y],” and the absence of one renders a case moot and deprives the court of subject matter jurisdiction. Fed’n of Adver. Indus. Representatives, Inc. v. City of Chicago, 326 F.3d 924, 929 (7th Cir. 2003) (quoting Stotts v. Cmty. Unit Sch. Dist. No. 1, 230 F.3d 989, 990–91 (7th Cir.2000)); see also Damasco v. Clearwire Corp., 662 F.3d 891, 894 (7th Cir. 2011); Pakovich v. Verizon LTD Plan, 653 F.3d 488, 492 (7th Cir. 2011). Thus, when the district court issued its decision denying Mr. Jackson’s petition, it lacked jurisdiction to do so.”

Vacated and Remanded.

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