GARCIA v. ORTIZ

D. New Jersey

GARCIA v. ORTIZ

DecidedDecember 14, 2022

Docket1:20-cv-01728

StatusUnknown

This text of GARCIA v. ORTIZ (GARCIA v. ORTIZ) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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GARCIA v. ORTIZ, (D.N.J. 2022).

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FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

JOSEPH GARCIA, : CIV. NO. 20-1728 (RMB) : Petitioner : v. : OPINION : : WARDEN DAVID ORTIZ, : : Respondent : ______________________________

Petitioner Joseph Garcia, a prisoner formerly confined in the Federal Correctional Institution in Fort Dix, New Jersey (“FCI Fort Dix”), filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, challenging the loss of his prison UNICOR job as a disciplinary sanction. (Pet., Docket No. 1.) Respondent has filed a request to dismiss the habeas petition as moot (Docket No. 24) because the Federal Bureau of Prisons released Petitioner on November 23, 2022. (Ex. A; Docket No. 24 at 4). "What was once a live case or controversy may become moot if 'interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.'" Williams v. Sherman, 214 F. App'x 264, 266 (3d Cir. 2007) (quoting County

of Los Angeles v. Davis, 440 U.S. 625, 631 (1979)). Petitioner's release has rendered his petition moot. An accompanying Order follows. DATE: December 14, 2022 s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge

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FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

JOSEPH GARCIA, : CIV. NO. 20-1728 (RMB) : Petitioner : v. : OPINION : : WARDEN DAVID ORTIZ, : : Respondent : ______________________________

Petitioner Joseph Garcia, a prisoner formerly confined in the Federal Correctional Institution in Fort Dix, New Jersey (“FCI Fort Dix”), filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, challenging the loss of his prison UNICOR job as a disciplinary sanction. (Pet., Docket No. 1.) Respondent has filed a request to dismiss the habeas petition as moot (Docket No. 24) because the Federal Bureau of Prisons released Petitioner on November 23, 2022. (Ex. A; Docket No. 24 at 4). "What was once a live case or controversy may become moot if 'interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.'" Williams v. Sherman, 214 F. App'x 264, 266 (3d Cir. 2007) (quoting County

of Los Angeles v. Davis, 440 U.S. 625, 631 (1979)). Petitioner's release has rendered his petition moot. An accompanying Order follows. DATE: December 14, 2022 s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge

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GARCIA v. ORTIZ, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-ortiz-njd-2022.

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