Opinion
20 Cr. 66 (AT)
11-30-2022
ORDER
ANALISA TORRES, District Judge:
On October 21, 2022, Defendant, Jayvon Keitt, filed a pro se compassionate release motion (the “Motion”). ECF No. 59. On October 26, 2022, the Court appointed C.J.A. counsel to assist Defendant with the Motion and ordered C.J.A. counsel to advise the Court whether ECF No. 59 remained the operative motion. ECF No. 60. By letter on November 17, 2022, C.J.A. counsel informed the Court that the Motion should have been brought as a habeas petition, not a motion for compassionate release. ECF No. 63. On November 22, 2022, the Court ordered the Clerk of Court to open a new civil action under 28 U.S.C. § 2241 and file the Motion as the pro se habeas petition. ECF No. 64. That same date, the Clerk of Court did so, and, on November 29, 2022, the new case, Keitt v. United States, No. 22 Civ. 9954, was assigned to Judge Vernon S. Broderick. Keitt v. United States, No. 22 Civ. 9954, Dkt. Entry 11/29/2022.
In light of the above, the Motion is now moot. Accordingly, the Motion is DENIED.
In addition, the Court's October 26, 2022 order appointing current C.J.A. counsel is also moot. ECF No. 60. Accordingly, current C.J.A. counsel no longer needs to “assume representation of Defendant . . . for the purpose of assisting Defendant with [the Motion] at ECF No. 59.” ECF No. 60.
The Clerk of Court is directed to terminate the motions at ECF Nos. 59 and 63, and to mail a copy of this order to Defendant.
SO ORDERED.