LANDRY v. ORTIZ

D. New Jersey

LANDRY v. ORTIZ

DecidedDecember 7, 2022

Docket1:20-cv-15433

StatusUnknown

This text of LANDRY v. ORTIZ (LANDRY 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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LANDRY v. ORTIZ, (D.N.J. 2022).

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FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

DAVID LANDRY, : CIV. NO. 20-15433 (RMB) : Petitioner : v. : OPINION : : DAVID E. ORTIZ, : : Respondent : ______________________________

Petitioner David Landry, 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, seeking early release upon application of his good conduct time and earned time credits under the First Step Act. (Pet., Dkt. No. 1.) Respondent has filed a request to dismiss the habeas petition as moot (Docket No. 10) because the Federal Bureau of Prisons released Petitioner from custody on October 27, 2022. (Ex. A; Docket No. 10-1). "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 renders his request for early release from confinement moot. Therefore, the petition will be dismissed. DATE: December 7, 2022 s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge

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FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

DAVID LANDRY, : CIV. NO. 20-15433 (RMB) : Petitioner : v. : OPINION : : DAVID E. ORTIZ, : : Respondent : ______________________________

Petitioner David Landry, 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, seeking early release upon application of his good conduct time and earned time credits under the First Step Act. (Pet., Dkt. No. 1.) Respondent has filed a request to dismiss the habeas petition as moot (Docket No. 10) because the Federal Bureau of Prisons released Petitioner from custody on October 27, 2022. (Ex. A; Docket No. 10-1). "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 renders his request for early release from confinement moot. Therefore, the petition will be dismissed. DATE: December 7, 2022 s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge

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