govinfo:USCOURTS-flsd-1_26-cv-20617-0

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO:  26-20617-CV-WILLIAMS 
 
MITCHELL NELSON,  
 
 Petitioner, 
 
v. 
 
WARDEN, MIAMI FEDERAL  
CORRECTIONAL INSTITUTION, 
 
 Respondent.  
      / 
 
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS 
 
THIS MATTER is before the Court on the pro se Petition for Writ of Habeas Corpus 
(DE 1) (“Petition”) brought pursuant 28 U.S.C. § 2241 by Petitioner Mitchell Nelson 
(“Petitioner”) alleging the Bureau of Prisons (“BOP”) has refused to apply the First Step 
Act of 2018 (“FSA”) and award him earned time credits (“ETC”) to reduce his sentence.  
(Id. at 1.)  As relief, Petitioner requests an Order from this Court directing that the BOP 
apply ETC credits under the FSA towards his sentence.  (Id.)  After review of the Petition 
(DE 1), the Respondent’s Response (DE 13) with supporting exhibits, 1 the pertinent 
portions of the record, and applicable law, for the reasons discussed below, th e Petition 
is DISMISSED AS MOOT. 
I.  DISCUSSION 
 Section 2241 permits a district court to grant a habeas corpus petition when a 
petitioner “is in custody in violation of the Constitution or laws or treaties of the United 
States.” 28 U.S.C. § 2241(c)(3). “[A]rticle III of the Constitution limits the jurisdiction of 
federal courts to the consideration of ‘Cases’ and ‘Controversies’” Soliman v. United 
 
1 Petitioner has not filed a reply to the Respondent’s Response. 
 
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States ex rel. INS , 296 F.3d 1237, 1242 (11th Cir. 2002) (citations omitted)  (dismissing 
as moot an appeal filed by an alien seeking habeas corpus relief from his continued 
detention after removal was executed while appeal was pending) . “The doctrine of 
mootness derives directly from the case or controversy limitation because ‘an action that 
is moot cannot be characterized as an active case or controversy.’” Id. (quoting Adler v. 
Duval Cnty. Sch. Bd., 112 F.3d1475, 1477 (11th Cir. 1997)). “‘[A] case is moot when it no 
longer presents a live controversy with respect to which the court can give meaningful 
relief.’” Id. (quoting Powell v. McCormack , 395 U.S. 486, 496 (1969)).  In Soliman, the 
Eleventh Circuit Court of Appeals found that it was “abundantly clear” that the appeal was 
moot because the relief sought --release from detention pending removal, in addition to 
other relief --could not be affected by any order from the Court since Soliman was no 
longer being detained. Id. at 1243.  
 Following the filing of the Petition, Respondent discovered that the BOP reviewed 
the Petitioner’s “sentence computation and discovered jail credit was not applied toward 
the federal sentence.”  (DE 13-1, Ex. B at 2 ¶ 13.)  As a result, Respondents explain that 
Petitioner’s “sentence computation has been updated, and jail credit has been applied for 
time spent detained from March 15, 2023 to August 29, 2023. ”  (Id., Ex. B at 2 ¶ 13.)  
Thus, Respondent argue correctly that there remains no case or controver sy, and the 
Petition should be dismissed as moot.  (Id.)   
  
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II.   CONCLUSION 
 Accordingly, based it is ORDERED AND ADJUDGED as follows: 
1. The Petition for Writ of Habeas Corpus (DE 1) is DISMISSED as moot; 
3. All pending motions are DENIED as moot; and 
4. The Clerk of Court is directed to CLOSE THIS CASE. 
DONE AND ORDERED in Chambers at Miami, Florida on this 13th day of April, 
2026.  
 
 
Copies furnished to: 
 
Mitchell Nelson, Pro Se 
Reg. No. 35338-380 
Federal Correctional Institution-Miami 
Inmate Mail/Parcels 
Post Office Box 779800 
Miami, FL 33177 
 
Benjamin Sardinas, AUSA 
United States Attorney’s Office 
99 N.E. 4th Street, Suite 900 
Miami, FL  33132 
Email:  Benjamin.Sardinas@usdoj.gov 
 
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