Opinion
08-CV-2332 (JS).
May 22, 2009
For Petitioner: Leon L. Kessler, Pro Se, 01A6107, Attica Correctional Facility, Attica, NY.
For Respondent: Paul B. Lyons, Esq., Office of the New York State Attorney General, New York, NY.
MEMORANDUM ORDER
On June 6, 2008, Leon L. Kessler ("Petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner states that he had been unlawfully subject to a post-release supervision period after his sentencing in violation of Petitioner's fourteenth amendment rights. Petitioner has not stated any grounds for his application other than his concerns regarding the post-release supervision period.
The instant petition is Petitioner's second application. Petitioner previously filed an application for a writ of habeas corpus on other grounds, which was dismissed on the merit by the Honorable Arthur D. Spatt on April 4, 2006. See Kessler v. Bennett, No. 05-CV-0851.
On January 5, 2009, Respondent moved to dismiss on the grounds that Petitioner's application is moot. Respondent indicates that Petitioner has been re-sentenced to his original sentence, and the period of post-release supervision has been removed. The motion is unopposed.
Because Petitioner is no longer subject to post-release supervision, there are no claims in Petitioner's application for this Court to address. Thus, the Court dismisses the petition for a writ of habeas corpus as moot.
CONCLUSION
For the reasons stated above, the Court DISMISSES Petitioner's application for a writ of habeas corpus as moot. The Clerk of the Court is directed to mark this matter closed and terminate all pending motions. The Court will not issue a certificate of appealability.
SO ORDERED.