Christian

Christian v. Norwood

Good Law
376 F. App'x 725
United States Court of Appeals for the Ninth CircuitApril 19, 201007-56371California281 words

Opinion

Opinion

MEMORANDUM

Federal prisoner Timothy A. Christian appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we dismiss the appeal as moot.

Christian contends the Bureau of Prisons should have credited 161 days he spent in Florida state custody against his federal sentence. After the briefing was completed in this appeal, Christian filed a “Motion to Withdraw and Amend Without Prejudice,” in which he asserts that the Bureau of Prisons has credited his federal sentence as he requested. We construe his motion, in part, as a motion to dismiss the appeal. So construed, we grant that portion of the motion because his appeal is now moot. See Munoz v. Rowland, 104 F.3d 1096, 1097-98 (9th Cir.1997).

Christian’s motion also requests that we recommend that the district court order the Bureau of Prisons to compensate him for his expenses and the mental anguish he suffered pursuing his claim. Christian’s request is denied as a § 2241 petition is not the proper vehicle for obtaining monetary damages. See Preiser v. Rodriguez, 411 U.S. 475, 494 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973); see also Tucker…

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