Opinion
CIVIL ACTION NO. 06-40143-GAO.
September 26, 2007
OPINION AND ORDER
The petitioner, Coy Phelps, is confined at the Federal Medical Center in Devens, Massachusetts ("FMC Devens"). In 1986 he was found not guilty only by reason of insanity in the United States District Court for the Northern District of California on charges of possessing, manufacturing, and placing pipe bombs at five San Francisco locations, in violation of 26 U.S.C. § 5861(d) and (f), and 18 U.S.C. § 844(f) and (I). Subsequently, Phelps was civilly committed to the custody of the Attorney General following a hearing pursuant to 18 U.S.C. §§ 4243 and 4247.
On July 17, 2006, Phelps filed a petition for habeas corpus pursuant to 28 U.S.C. § 2241. In his petition he asks this Court to order the Federal Bureau of Prisons ("BOP") to provide Phelps with unredacted copies of its annual risk assessment report regarding Phelps. On August 6, 2006, in response to Phelps' petition, the BOP voluntarily provided him with unredacted copies of the March 6, 2003, June 15, 2004, and October 25, 2005 reports, and indicated their intent to give Phelps a copy of the upcoming report to be completed on October 24, 2006. (See Resp't.'s Mem. Supp. Mot. Dismiss 5-6; Pet'r.'s Traverse Mot. Dismiss 3-4.) Accordingly, Phelps' petition is now moot.
For the foregoing reasons, the respondents' motion to dismiss (dkt. no. 5) is GRANTED. There being no remaining claims in this case, respondents' motion to consolidate cases (dkt. no. 9) is therefore MOOT.
It is SO ORDERED.