ARCHIE v. SMITH

• Court: District Court, D. New Jersey
• Decided: January 8, 2021
• Docket: 1:20-cv-07912
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ : SHAWN ARCHIE, SR., : : Petitioner, : Civ. No. 20-7912 (NLH) : v. : MEMORANDUM OPINION & ORDER : : RICHARD T. SMITH, : : Respondent. : ______________________________:

APPEARANCES:

Shawn Archie, Sr. 974313G Southern State Correctional Facility 4295 Route 47 Delmont, NJ 08314

Petitioner Pro se

Christine A. Hoffman, Gloucester County Prosecutor Dana A. Anton, Acting Senior Assisting Prosecutor Gloucester County Prosecutor’s Office Hunter & Euclid Streets PO Box 623 Woodbury, NJ 08096

Counsel for Respondent

HILLMAN, District Judge WHEREAS, Petitioner Shawn Archie, Sr. filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his pretrial detention in the Cumberland County Jail, see ECF No. 1. He also moves for the appointment of counsel, ECF No. 8; and WHEREAS, Respondent has informed the Court that Petitioner has pled guilty and been sentenced to state prison since he filed his § 2241 petition. ECF No. 3-1. He is currently

detained in Southern State Correctional Facility, ECF No. 9; and WHEREAS, Petitioner’s habeas petition challenging his pretrial custody is rendered moot by his guilty plea and sentencing. See, e.g., Williams v. New Jersey, No. 18-cv-14964, 2020 WL 3259223, at *2 (D.N.J. June 16, 2020) (state prisoner's guilty plea moots his § 2241 habeas petition challenging pretrial detention); and WHEREAS, the Court cannot grant relief under § 2241 as Petitioner is now in custody pursuant to a state court judgment. Any challenge to his current conditions would have to be filed under 28 U.S.C. § 2254 after Petitioner exhausted his state court remedies. See McKnight v. United States, 27 F. Supp. 3d

575, 587 (D.N.J. 2014); and WHEREAS, the request for counsel is likewise mooted, THEREFORE, IT IS on this 8th day of January, 2021 ORDERED that the petition and motion for counsel, ECF No. 8, are dismissed as moot; and it is finally ORDERED that the Clerk shall send Petitioner a copy of this Order by regular mail and mark this case closed.

s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.