DAVIS v. United States

• Court: District Court, D. New Jersey
• Decided: November 16, 2022
• Docket: 1:21-cv-07023
• Status: Unknown

Opinion

FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE ANDRE DAVIS, : CIV. NO. 21-7023 (RMB) : Petitioner : v. : OPINION : : WARDEN FCI-FAIRTON, : : Respondent : ______________________________ Petitioner Andre Davis , a prisoner confined in the Federal Correctional Institution in Fairton, New Jersey (“FCI Fairton”), filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, seeking prior custody credit against his federal sentence. (Pet., Dkt. No. 2.) Respondent has filed a request to dismiss the habeas petition as moot (Docket No. 13) because the Federal Bureau of Prisons released Petitioner from custody on August 22, 2022. (Declaration of Eva Baker-Dykstra ¶ 4 and Attachs. A-B; Docket No. 13-1). When a prisoner has served his complete term of imprisonment and challenged only the execution of his sentence, he can no longer show a concrete and continuing injury, and his habeas petition is moot. Scott v. Holt, 297 F. App’x 154, 156 (3d Cir. 2008). Therefore, the petition will be dismissed as moot. An accompanying Order follows. DATE: November 16, 2022 s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge