VALENTA v. ORTIZ

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ : JEFFREY JOHN VALENTA, : : Petitioner, : Civ. No. 20-4074 (NLH) : v. : MEMORANDUM OPINION & ORDER : : DAVID E. ORTIZ, : : Respondent. : ______________________________:

APPEARANCE:

Jeffrey John Valenta 1941 Dearborn Drive White Oak, PA 15131

Petitioner Pro se

Rachael Honig, Acting United States Attorney Elizabeth Pascal, Assistant United States Attorney Office of the U.S. Attorney 401 Market Street PO Box 2098 Camden, NJ 08101

Counsel for Respondent

HILLMAN, District Judge WHEREAS, Petitioner Jeffrey Valenta filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the Bureau of Prisons’ calculation of his sentence, see ECF No. 1; and WHEREAS, Respondent opposed the petition, ECF No. 10; and WHEREAS, Petitioner filed a motion for summary judgment, ECF No. 11; and WHEREAS, the United States filed a letter on January 26,

2021 indicating that Petitioner was granted compassionate release by his sentencing court on January 12, 2021, United States v. Valenta, No. 2:15-cr-0161 (W.D. Pa. Jan. 12, 2021), ECF No. 14; and WHEREAS, the sentencing court reduced Petitioner’s sentence to time served, see id. at 3; and WHEREAS, Petitioner’s habeas petition challenging the BOP’s calculation of his sentence is moot considering his release from BOP custody. See Hayes v. Ortiz, No. 17-6459, 2020 WL 5406157, at *2 (D.N.J. Sept. 9, 2020), THEREFORE, IT IS on this 28th day of January, 2021 ORDERED that the petition is dismissed as moot. The Clerk

shall terminate all pending motions; 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.