Samuels v. Thompson

Full title: MILTON SAMUELS, Petitioner, v. WARDEN RACHEL THOMPSON, Respondent.

Court: United States District Court, D. New Jersey

Date published: Sep 16, 2024

Civil Action 24-4983 (CPO) (D.N.J. Sep. 16, 2024)

Opinion

Civil Action 24-4983 (CPO)

09-16-2024

MILTON SAMUELS, Petitioner, v. WARDEN RACHEL THOMPSON, Respondent.

CHRISTINE P. O'HEARN, UNITED STATES DISTRICT JUDGE.

ORDER

CHRISTINE P. O'HEARN, UNITED STATES DISTRICT JUDGE.

Before the Court is Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner had argued that the Bureau of Prisons (“BOP”) wrongfully declared him ineligible to receive certain credits under the First Step Act (“FSA”). (Id. at 6.) As relief, Petitioner requested that the Court “order the BOP to remove his ineligible status” and recalculate his FSA credits. (Id. at 7.)

Respondent advised that the BOP has since provided Petitioner with the FSA credits at issue and asks the Court to dismiss this matter as moot. (ECF No. 4.) Respondent states that Petitioner is now eligible to receive FSA credits and has received 365 days towards early transfer to supervised release and 610 days towards prerelease custody. (Id. at 2.) In his recent letter, Petitioner acknowledged receipt of the FSA credits at issue. (ECF No. 5, at 1 (“As a result of my status change to ‘eligible,' I have earned 365 days . . . plus 610 days . . . of prerelease custody.”)). As Petitioner has received the relief he requested in his Petition, this case is now moot. (ECF No. 1, at 7.)

Additionally, in his letter, Petitioner raises new allegations that the BOP is refusing to apply certain credits under the Second Chance Act, due to a disciplinary infraction. (ECF No. 5, at 1.) If Petitioner wishes to challenge the BOP's refusal to provide him with Second Chance Act credits, he must file a new § 2241 petition, under a new docket number, after he has exhausted his administrative remedies. Accordingly, IT IS, on this 16^th day of September 2024, ORDERED that Respondent's request to dismiss this matter, (ECF No. 4), is GRANTED; Petitioner's Petition, (ECF No. 1), is DISMISSED AS MOOT; and it is further

ORDERED that if Petitioner wishes to challenge the BOP's refusal to provide him with Second Chance Act credits, he must raise the issue in a new § 2241 petition, under a new docket number, after he has exhausted his administrative remedies; and it is further

ORDERED that the Clerk of the Court shall serve a copy of this Order upon Petitioner by regular U.S. mail and CLOSE this case.