Opinion
Civ. No. 20-5598 (NLH)
01-21-2021
CLEVELAND BRANDON, Petitioner, v. DAVID E. ORTIZ, Respondent.
APPEARANCE: Cleveland Brandon 91304-038 Fort Dix Federal Correctional Institution P.O. Box 2000 Joint Base MDL, NJ 08640 Petitioner Pro se Rachael Honig, Acting United States Attorney John Francis Basiak, Assistant United States Attorney Office of the U.S. Attorney 402 East State Street Room 08608 Trenton, NJ 08608 Counsel for Respondent
MEMORANDUM OPINION & ORDER
APPEARANCE: Cleveland Brandon
91304-038
Fort Dix Federal Correctional Institution
P.O. Box 2000
Joint Base MDL, NJ 08640
Petitioner Pro se Rachael Honig, Acting United States Attorney
John Francis Basiak, Assistant United States Attorney
Office of the U.S. Attorney
402 East State Street
Room 08608
Trenton, NJ 08608
Counsel for Respondent HILLMAN, District Judge
WHEREAS, Petitioner Cleveland Brandon filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the Bureau of Prisons' decision regarding his eligibility for the Residential Drug Abuse Program, see ECF No. 1; and
WHEREAS, Respondent filed a motion to dismiss the petition, ECF No. 9; and
WHEREAS, Petitioner filed a motion for judgment, ECF No. 14; and
WHEREAS, the United States filed a letter on January 20, 2021 indicating that Petitioner was granted compassionate release by his sentencing court on November 24, 2020, United States v. Brandon, No. 09-cr-10377 (D. Mass. Nov. 24, 2020) (ECF No. 58). ECF No. 16; and
WHEREAS, Petitioner's habeas petition challenging the BOP's RDAP decision 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 21st 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
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey