Nilo Hernandez v. Louie L. Wainwright

Hernandez filed this 28 U.S.C. § 2254 petition for writ of habeas corpus alleging that prison officials had unconstitutionally miscalculated his gain time credits. In his petition, Hernandez sought as his sole prayer for relief his immediate release from state custody. While the petition was pending, Hernandez was released from custody. Following this release, the magistrate recommended that the petition be dismissed with prejudice for lack of subject matter jurisdiction since Hernandez was no longer in custody and there was no possibility that the length of his sentence would have collateral…