Opinion
Civ. No. 20-4074 (NLH)
01-28-2021
JEFFREY JOHN VALENTA, Petitioner, v. 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
MEMORANDUM OPINION & ORDER
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
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey