Opinion
C. A. 5:23-4480-DCC-KDW
06-12-2024
Yoangel Martinez Quevedo, Petitioner, v. Warden Joseph, Respondent.
REPORT AND RECOMMENDATION
KAYMANI D. WEST, UNITED STATES MAGISTRATE JUDGE
Yoangel Martinez Quevedo (“Petitioner”) proceeding pro se, filed this Petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Petitioner challenges the way the Federal Bureau of Prisons (“BOP”) applied his First Step Act earned time credits to his term of incarceration. Id. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2)(c) (D.S.C.) for a Report and Recommendation on Respondent's Motion to Dismiss. ECF No. 18. Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on October 21, 2023, the court advised Petitioner of the dismissal procedures and of the possible consequences if he failed to respond adequately to Respondent's Motion. ECF No. 19. Petitioner filed a Response on November 14, 2023. ECF No. 21.
On June 5, 2024, the undersigned directed Respondent to provide the court with the status of Petitioner's incarceration. ECF No. 25. On June 10, 2024, Respondent filed a status report with the court indicating Petitioner was released from BOP's custody on January 29, 2024, via Good Conduct Time release. ECF No. 27. Petitioner also noted Respondent was released to the custody of Immigration and Customs Enforcement on a detainer placed for possible deportation. Id. Because Petitioner is no longer in BOP's custody, it appears that any substantive ruling on the issues raised in the Petition and in Defendant's Motion has been rendered moot.
I. Factual and Procedural Background
On January 4, 2022, Petitioner entered a guilty plea to Conspiracy to Commit Bank Fraud in violation of 18 U.S.C. § 1349 and Conspiracy to Commit Money Laundering in violation of 18 U.S.C. § 1956(h). See United States v. Quevedo, C/A No.: 1:21-cr-20226-BB-2 (S.D. Fl. March 31, 2022), ECF No. 194. On March 31, 2022, the district court sentenced Petitioner to 24 months imprisonment on both counts to be served concurrently. Id., ECF No. 265.
Petitioner filed the instant Petition on September 6, 2023, while he was incarcerated at FCI Bennettsville, a BOP facility. ECF No. 1. In his Petition, Petitioner contends the BOP failed to apply his First Step Act of 2018 earned time credits and have therefore enlarged his incarceration term. Id. at 2. Petitioner asks the court to order Respondent and the BOP to immediately apply his First Step Act earned time credits to calculate his applicable early release date, and to release Petitioner on an appropriate early release option. Id. at 9-10. Petitioner received the relief he ultimately sought in his 28 U.S.C. § 2241 Petition under review as the BOP Inmate Locator indicates Petitioner was released from custody on January 29, 2024. See https://www.bop.gov/inmateloc/; see also June 10, 2024, status report, ECF No. 27. Accordingly, his Petition should be dismissed without prejudice as moot. Cf. Williams v. Holland, 735 Fed.Appx. 120, 121 (4th Cir. 2018) (dismissing § 2241 petitioner's appeal as moot because petitioner had been sentenced to time served and released).
II. Recommendation
For the foregoing reasons, the undersigned recommends the Petition in this matter be dismissed without prejudice. This recommendation would also make Respondent's Motion to Dismiss, ECF No. 18, moot.
IT IS SO RECOMMENDED.
The parties are directed to note the important information in the attached “Notice of Right to File Objections to Report and Recommendation.”
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.'” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310 (4th Cir. 2005) (quoting Fed.R.Civ.P. 72 advisory committee's note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); see Fed.R.Civ.P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk
United States District Court
Post Office Box 2317
Florence, South Carolina 29503
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).