PURTILL, JUDGE TRIAL REFEREE.
By his petition filed January 29, 2003, petitioner seeks a writ of habeas corpus. In the petition, petitioner alleges that he is in the custody of respondent serving a sentence at Corrigan C.I. and is being denied outside exercise and gym activities.
As of April 5, 2004, petitioner has been transferred to Garner C.I.
On April 16, respondent moved to dismiss the petition pursuant to Connecticut Practice Book Section 23-29, claiming that the petition is now moot.
The motion to dismiss has raised an issue concerning the subject matter jurisdiction of the Court. Whenever a question of subject matter jurisdiction is raised, it must be addressed.
In this case, if all of the allegations of the petition were proven, the only relief which could be afforded petitioner would involve conditions of confinement at Corrigan C.I. Since petitioner is no longer confined at that institution, the petition fails to state a claim upon which habeas corpus relief can be granted.
Accordingly, the motion to dismiss is granted.
Joseph J. Purtill Judge Trial Referee
CT Page 6379