Scarpa v. U.S. Board of Parole, 71-1602

Decision Date30 November 1973
Docket NumberNo. 71-1602,71-1602
Citation501 F.2d 992
PartiesRobert J. SCARPA, Petitioner-Appellant, v. U.S. BOARD OF PAROLE and Walter Dunbar, Chairman et al., Respondents-Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

Robert J. Scarpa, pro se; Professor Donald Wilkes, Jr., University of Georgia School of Law, Athens, Ga., for petitioner-appellant.

John W. Stokes, Jr., U.S. Atty., Richard H. Still, Jr., Asst. U.S. Atty., Atlanta, Ga., George S. Kopp, Jerome M. Feit, Attys., Crim. Div., Dept. of Justice, Washington, D.C., for respondents-Appellees.

Before BROWN, Chief Judge, and TUTTLE, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.

BY THE COURT:

The Supreme Court of the United States having vacated the judgment of this Court and remanded the cause to this Court for consideration of the question of mootness, 414 U.S. 809, 94 S.Ct. 79, 38 L.Ed.2d 44, and appellant having filed a motion suggesting that this cause is now moot because appellant was granted a parole effective October 29, 1973.

On further consideration whereof, it is now ordered and adjudged by this Court that the order of the District Court dated February 17, 1971 dismissing appellant's complaint for failure to state a claim is hereby vacated, and this cause is remanded to the District Court with directions to enter an order dismissing appellant's complaint as moot.

*This order was initially issued in typewritten form without publication.

To continue reading

Request your trial
17 cases
  • Rummel v. Estelle
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 20, 1978
    ...477 F.2d 278 (5th Cir.), Vacated for consideration of mootness, 414 U.S. 809, 94 S.Ct. 79, 38 L.Ed.2d 44 (1973), Dismissed as moot, 501 F.2d 992 (1973). The most thorough statement of this position is in Brown v. Lundgren, 528 F.2d 1050, 1052-1053 (5th Cir. At the constitutional level, ther......
  • Inmates of Nebraska Penal and Correctional Complex v. Greenholtz, 77-1889
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • June 9, 1978
    ...278 (5th Cir.) (en banc), vacated and remanded to consider mootness, 414 U.S. 809, 94 S.Ct. 79, 38, L.Ed.2d 44, dismissed as moot, 501 F.2d 992 (5th Cir. 1973). The Supreme Court has not decided the exact question before us of whether a prisoner's interest in prospective parole is an intere......
  • Cicero v. Olgiati
    • United States
    • U.S. District Court — Southern District of New York
    • March 17, 1976
    ...accord with the rulings of this circuit. Compare Scarpa v. United States Board of Parole, 477 F.2d 278 (5th Cir.), vacated as moot, 501 F.2d 992 (5 Cir. 1973) and Ridley v. McCall, 496 F.2d 213, 214 (5th Cir. 1974) where the Court of Appeals specifically ruled that "Scarpa has no precedenti......
  • Franklin v. Shields
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • April 24, 1978
    ...Cir.), judgment vacated and remanded for a determination of mootness, 414 U.S. 809, 94 S.Ct. 79, 38 L.Ed.2d 44, dismissed as moot, 501 F.2d 992 (1973).5 In Gagnon v. Scarpelli, 411 U.S. 778, 782 n. 4, 93 S.Ct. 1756, 1760, 36 L.Ed.2d 656 (1973), the Court said:It is clear at least after Morr......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT