Opinion
1:19-cv-14023(NLH)
06-05-2020
MANUEL RIVERA, Petitioner, v. WARDEN DAVID ORTIZ, et al., Respondents.
APPEARANCES: Manuel Rivera 19639-054 Fort Dix Federal Correctional Institution P.O. Box 2000 Joint Base MDL, NJ 08640 Petitioner pro se Craig Carpenito, United States Attorney John Francis Basiak, Assistant U.S. Attorney U.S. Attorney's Office 402 E. State Street, Room 430 Trenton, NJ 08608 Attorneys for Respondent
MEMORANDUM OPINION & ORDER
APPEARANCES: Manuel Rivera
19639-054
Fort Dix Federal Correctional Institution
P.O. Box 2000
Joint Base MDL, NJ 08640
Petitioner pro se Craig Carpenito, United States Attorney
John Francis Basiak, Assistant U.S. Attorney
U.S. Attorney's Office
402 E. State Street, Room 430
Trenton, NJ 08608
Attorneys for Respondent HILLMAN , District Judge
WHEREAS, Manuel Rivera filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 on June 17, 2019, see ECF No. 1; and
WHEREAS, the petition sought relief from the imposition of lifetime special parole, id.; and
WHEREAS, the United States has moved to dismiss the petition for lack of jurisdiction, see ECF No. 7; and
WHEREAS, Petitioner filed a letter with the Court on March 16, 2020 asking the Court to dismiss this action as moot because the "Hon. Paul A. Crotty of the Southern District of New York granted [his] long ago filed Motion to Reconsider thereby vacating the imposition of limetime [sic] special parole." ECF No. 8. "Because that is the sole relief I sought in the opening Petition, the issue before the Court is now moot." Id.; and
WHEREAS, the United States has not filed anything with the Court suggesting the Court should not dismiss the case as moot,
THEREFORE, IT IS on this 5th day of June, 2020
ORDERED that the motion to dismiss, ECF No. 7, is dismissed as moot; and it is further
ORDERED that the petition, ECF No. 1, is dismissed as moot at the request of the Petitioner; and it is finally
ORDERED that the Clerk shall send a copy of this Order to Petitioner by regular mail and mark this case closed.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey