Opinion
Civ. No. 20-9519 (NLH)
02-01-2021
KAMAL MARTIN, Petitioner, v. WARDEN CHARLES WARREN, Respondent.
APPEARANCES: Kamal Martin 49263 Cumberland County Department of Corrections 54 West Broad Street Bridgeton, Nj 08302 Petitioner Pro se Jennifer Webb-McRae, Cumberland County Prosecutor Andre R. Araujo, Assistant Prosecutor Cumberland County Prosecutor's Office 115 Vine Street Bridgeton, New Jersey 08302 Counsel for Respondent
MEMORANDUM OPINION & ORDER
APPEARANCES: Kamal Martin
49263
Cumberland County Department of Corrections
54 West Broad Street
Bridgeton, Nj 08302
Petitioner Pro se Jennifer Webb-McRae, Cumberland County Prosecutor
Andre R. Araujo, Assistant Prosecutor
Cumberland County Prosecutor's Office
115 Vine Street
Bridgeton, New Jersey 08302
Counsel for Respondent HILLMAN, District Judge
WHEREAS, Petitioner Kamal Martin filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his pretrial detention in the Cumberland County Jail, see ECF No. 1; and
WHEREAS, Respondent has informed the Court that Petitioner has been released from the Cumberland County Jail and is now in the custody of the Federal Bureau of Prisons, ECF No. 4-26; and
WHEREAS, Warden Richard Smith retired effective January 8, 2021 and has been replaced by Charles Warren, ECF No. 5; and
WHEREAS, Petitioner's challenge to his pretrial custody is rendered moot by his release into federal custody; and
WHEREAS, the Court cannot grant relief under § 2241 as Petitioner is now in custody pursuant to a federal court judgment,
THEREFORE, IT IS on this 1st day of February, 2021
ORDERED that the Clerk shall substitute Warden Charles Warren for Richard Smith, Fed. R. Civ. P. 25(d); and
ORDERED that the petition, ECF No. 1, is dismissed as moot; 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