Opinion
21-cv-1418 (KMM/DTS)
10-19-2022
Justin Mark, Petitioner, v. B. Birkholz, Warden of Federal Prison Camp, et al., Respondents.
ORDER
Katherine Menendez United States District Judge
Petitioner Justin Mark filed this habeas action under 28 U.S.C. § 2241 seeking application of earned time credits under the First Step Act of 2018 and immediate transfer to home confinement or a residential reentry center. [Doc. 1]. On August 4, 2022, United States Magistrate Judge David T. Schultz issued a Report and Recommendation (“R&R”) recommending that Mr. Mark's petition be denied. [Doc. 32]. On August 19, 2022, Mr. Mark requested additional time to respond to the R&R, and the Court granted his request. [Doc. 33-34].
On September 26, 2022, Mr. Mark filed a Motion to Dismiss as Moot Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. [Doc. 35]. Mr. Mark explains that he “was finally released as required by law,” and asks the Court to dismiss this action as moot. [Doc. 35].
The Court finds no error in the R&R's conclusions or recommendation. Nevertheless, the Court declines to accept the R&R due to the changed circumstances since the R&R was issued. Because Mr. Mark has been released, his motion [Doc. 35] is GRANTED and this action is DISMISSED WITHOUT PREJUDICE as moot.
Let Judgment be entered accordingly.
The Clerk of Court is directed to mail a copy of this Order to Mr. Mark at the following address: RRM-Montgomery, Maxwell AFB, Bldg 1209, 820 Willow Street, Montgomery, AL 36112.