Jermaine Hardiman v. J. Engleman

Filing 16

ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS by Judge Dale S. Fischer, re REQUEST to Dismiss Case 15 , NOTICE OF MOTION AND MOTION to Dismiss Case 12 . IT IS ORDERED that the government's motion and Petitioner's request to dismiss the Petition [Dkt. Nos. 12, 15] are granted and that Judgment be entered dismissing the Petition without prejudice. (es)

Case 2:22-cv-06504-DSF-PD Document 16 Filed 01/17/23 Page 1 of 2 Page ID #:198

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JERMAINE HARDIMAN,

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Petitioner,
v.
WARDEN J. ENGLEMAN,

Case No. 2:22-cv-06504-DSF-PD
ORDER DISMISSING
PETITION FOR WRIT OF
HABEAS CORPUS

Respondent.

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On September 12, 2022, Petitioner Jermaine Hardiman, who was an
inmate at the Federal Correctional Institution in Terminal Island, California,
filed a “Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241." [Dkt. No.
1.] Petitioner alleged that the Bureau of Prisons (“BOP”) failed to apply his
time credits toward service of his sentence or placement into pre-release
custody, and he asked the Court to order the BOP to apply the credits, release
him immediately, and place him in prerelease custody or on supervised
release. On December 12, 2022, the government moved to dismiss the
Petition on the grounds that it is moot, because the BOP had applied the
credits and scheduled Petitioner for transfer to pre-release custody on
December 14, 2022, and that to the extent Petitioner intends to contest the

Case 2:22-cv-06504-DSF-PD Document 16 Filed 01/17/23 Page 2 of 2 Page ID #:199

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BOP’s application of the credits, he has failed to exhaust his available

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administrative remedies. [Dkt. No. 12.]

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On December 27, 2022, Petitioner filed a request for dismissal of this

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action without prejudice. [Dkt. No. 15.] Petitioner is currently located at a

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residential reentry center in San Pedro. See https://www.bop.gov/inmateloc//

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(last visited January 12, 2023). As Petitioner has obtained the remedy he

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sought, his claim is moot and the Petition should be dismissed for lack of

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jurisdiction. See Abdala v. Immigration and Naturalization Service, 488 F.3d

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1061, 1065 (9th Cir. 2007) (habeas petition moot where petitioner’s release

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and deportation “cur[ed] his complaints” about the length of his detention);

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Bishop Paiute Tribe v. Inyo County, 863 F.3d 1144, 1155 (9th Cir. 2017) (“A

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federal court lacks jurisdiction to hear a case that is moot.”).

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Accordingly, IT IS ORDERED that the government’s motion and

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Petitioner’s request to dismiss the Petition [Dkt. Nos. 12, 15] are granted and

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that Judgment be entered dismissing the Petition without prejudice.

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IT IS SO ORDERED.

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DATED: January 17, 2023

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Honorable Dale S. Fischer
UNITED STATES DISTRICT JUDGE

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