Ned v. FCI Berlin, Warden

Filing 18

/// ORDER approving in part 13 Report and Recommendation; granting in part 7 Motion to Dismiss. So Ordered by Judge Landya B. McCafferty.(jbw)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Jeremy Ned
v.

Civil No. 15-cv-178-LM

Esker Tatum, Warden, FCI-Berlin

O R D E R
Jeremy Ned, a federal prisoner, filed a petition for a writ
of habeas corpus (doc. no. 1) pursuant to 28 U.S.C. § 2241,
asserting one claim for relief.

Respondent moved to dismiss

(doc. no. 7) the petition as moot.

Ned filed an objection (doc.

no. 8) to the motion, and Respondent filed a response (doc. no.
10) to Ned’s objection.

On August 3, 2016, the Magistrate Judge

issued a Report and Recommendation (doc. no. 13) (“August 3
R&R”), finding that the relief Ned sought in the petition –
expungement of a particular disciplinary report and restoration
of good time revoked in that disciplinary matter – has occurred.
Accordingly, the magistrate judge recommended that the motion to
dismiss be granted, and the petition be dismissed as moot.
Subsequent to the issuance of the August 3 R&R, Ned filed a
supplement to his petition (doc. no. 15), asserting a second
claim, which has been added to this action, and a further
response (doc. no. 14) to Respondent’s motion to dismiss (doc

no. 7).

In that response, Ned does not counter any of the facts

upon which the magistrate judge determined the claim asserted in
the original petition to be moot.

Instead, Ned argues in his

response that, because he has asserted a second claim that is
not moot, the petition should not be dismissed.
The court now finds that, as set forth in the August 3 R&R,
Ned has received all of the relief he seeks as to the claim
asserted in the initial petition in this matter, and therefore,
that claim is moot.

Accordingly, the court approves the August

3 R&R, to the extent it recommends dismissing that claim.

The

court, however, declines to accept the recommendation in the
August 3 R&R that the entire petition be dismissed, as the
petition now includes a claim that remains in this case.
SO ORDERED.

__________________________
Landya McCafferty
United States District Judge

September 8, 2016
cc:

Jeremy Ned, pro se
Seth R. Aframe, Esq.

2