Bermudez v. Young

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 19, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-30142
Summary Calendar
JULIO BERMUDEZ,
Petitioner-Appellant,
versus
J.P. YOUNG,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:04-CV-2043
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Julio Bermudez, federal prisoner # 18536-050, appeals from
the district court’s dismissal of his 28 U.S.C. § 2241 petition
challenging the method used by the Bureau of Prisons (BOP) for
calculating good time credits. Bermudez sought an accelerated
release based on his own method of calculation. Prior to filing
this appeal, Bermudez was released from the BOP’s custody and
deported to Colombia. The issue Bermudez has raised on appeal
has thus been rendered moot by his release. See Bailey v.

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No. 05-30142
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Southerland, 821 F.2d 277, 278 (5th Cir. 1987). The fact that
Bermudez seeks monetary damages on appeal does not continue to
present a live case or controversy because he did not seek
monetary relief before the district court. See Benavides v.
Housing Authority of the City of San Antonio, TX, 238 F.3d 667,
670 n.4 (refusing to grant relief not requested below); Harris v.
City of Houston, 151 F.3d 186, 190-91 (5th Cir. 1998) (rejecting
“appellant’s notion that we may fashion relief not requested
below in order to keep a suit viable”).
Accordingly, the appeal is DISMISSED AS MOOT.

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