Opinion
Civ. No. 18-621(RMB)
02-23-2018
JEFFREY A. MARTINOVICH, Petitioner, v. WARDEN DAVID E. ORTIZ, Respondent.
NOT FOR PUBLICATION
MEMORANDUM AND ORDER
Petitioner, an inmate incarcerated in the Federal Correctional Institution in Fort Dix, New Jersey ("FCI Fort Dix"), filed a Petition For a Writ of Habeas Corpus Under 28 U.S.C. § 2241, challenging the Bureau of Prison's security classification and denial of transfer. (Pet., ECF No. 1 at 3.) On February 20, 2018, Respondent filed a letter requesting that the Court dismiss the petition as moot because the Bureau of Prisons ("BOP") gave Petitioner the relief he requested by removing the Greater Security Management Variable from him. (Letter, ECF No. 11; Declaration of Tara Moran, ECF No. 11-2.) For good cause shown,
Petitioner also requested that the Court order the BOP to transfer him to a minimum security facility closest to his home. (Pet., ECF No. 1, ¶14.) The Court does not have jurisdiction under § 2241 if the petitioner does not challenge the fact or duration of confinement but only a condition of confinement. Beckley v. Miner, 125 F. App'x 385, 388 (3d Cir. 2005) (citing DeWalt v. Carter, 224 F.3d 607, 617 (7th Cir. 2000)); see Ganim v. Federal Bureau of Prisons, 235 F. App'x 882, 883 (3d Cir. 2007) (district court lacked jurisdiction under § 2241 to address challenge to BOP's decision not to transfer petitioner from federal prison in New Jersey to a similar facility in New York). Therefore, Petitioner has received all relief he is entitled to under the petition, and the petition is moot. --------
IT IS, therefore, on this 23rd day of February, 2018,
ORDERED that Petitioner's Petition For a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF No. 1) is DISMISSED as moot; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Memorandum and Order on Petitioner by U.S. mail; and it is further
ORDERED that the Clerk shall close this matter.
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE