McCray v. Anderson

• Court: District Court, S.D. New York
• Decided: June 20, 2024
• Docket: 7:20-cv-02247
• Status: Unknown

Opinion

Copig/ Mailed; axed / of 1. Af USDC SDNY Cha(nbers: 6 incent L. Briceetth DOCUMENT [ELECTR DOCH ONICALLY FILED UNITED STATES DISTRICT COURT ° . SOUTHERN DISTRICT OF NEW YORK DATE FILED: ©]),/5 ee ee een ewe eee en en □□ nn eee eX “sr CERIOUS McCRAY, Petitioner, : ORDER V. : 20 CV 2247 (VB) ADRIAN H. ANDERSON, : Sheriff of Dutchess County Jail, : Respondent. : eee en ee ee ee eee nen en eee nner X According to the New York Department of Corrections and Community Supervision Incarcerated Lookup webpage, petitioner has been released from custody with a maximum post release supervision expiration date of April 11, 2023. Petitioner “bear[s] the burden of demonstrating some concrete and continuing injury” exists to create a case or controversy pursuant to Article III of the United States Constitution. United States v. Mercurris, 192 F.3d 290, 294 (2d Cir. 1999). “The Supreme Court has held that a habeas petition challenging a criminal conviction is not necessarily mooted when the petitioner is released from prison, as collateral consequences of that conviction may still impinge on the petitioner post-release.” Perez v. Greiner, 296 F.3d 123, 125 (2d Cir. 2002). However, when there is “no material possibility that [petitioner] will suffer collateral consequences of the challenged conviction,” the petition is moot. (Id. at 125-26). Accordingly, by July 22, 2024, petitioner is directed to submit a supplemental brief addressing why his petition is not moot. By August 21, 2024, respondent shall file an opposition brief, if any. The parties’ supplemental briefs shall not exceed 15 pages. Chambers will mail a copy of this Order to petitioner at the address on the docket. Dated: June 20, 2024 White Plains, NY SO ORDERED Ree Vincent L. Briccetti United States District Judge