Opinion
Civil Action No. 14-6144 (JLL)
04-15-2015
EL-TAIHEED BRANT, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM ORDER
The Court having reviewed Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), and it appearing that:
1. On April 14, 2015, Respondent filed a letter requesting that this petition be dismissed as moot because "the Petition solely sought and challenged Mr. Brant's ability to acquire [a supervised release] revocation hearing" and a "sentencing hearing for Mr. Brant has . . . been scheduled for 11:00 a.m. on May 21, 2015." (ECF No. 9).
2. Construing the petition liberally as Petitioner has filed pro se, see Mala v. Crown Bay Marina Inc., 704 F.3d 239, 244 (3d Cir. 2013) (the obligation to liberally construe pro se pleadings is well established), Petitioner seeks not a revocation hearing, but rather "[a]n ORDER dismissing Revocation and lifting [the] Detainer for [Petitioner's supervised release] Violation." (ECF No. 1 at 5).
3. As Petitioner seems to be asserting that the onset of revocation proceedings against him is untimely, and therefore that those proceedings should be dismissed, his petition would not be moot simply because a sentencing hearing on that revocation is to be held on May 21.
This Court recognizes, however, that the May 21 sentencing proceedings, in so much as they will determine Petitioner's sentence for his supervised release violation, may themselves moot this petition.
IT IS THEREFORE on this 15 day of April, 2015,
ORDERED that Respondent's request that this petition be dismissed as moot is DENIED; and it is further
ORDERED that Respondent shall file its full and complete answer to this petition within 45 days of this order; and it is further
ORDERED that Petitioner may file and serve a reply in support of the petition within 30 days after that answer is filed; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order on the Government electronically and on Plaintiff by regular U.S. mail.
/s/_________
Jose L. Linares, U.S.D.J.