HAMANI v. HOLLINGSWORTH et al

Filing 6

MEMORANDUM AND ORDER directing Petitioner to show cause within 21 days why this habeas petition should not be dismissed as moot, etc.; ORDERED that the respondent may file a reply to petitioner's response within 14 days, etc. Signed by Judge Robert B. Kugler on 8/29/2016. (dmr)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
WALI S. HAMANI,
:
:
Petitioner,
:
Civ. No. 15-8338 (RBK)
:
v.
:
:
WARDEN JORDAN HOLLINGSWORTH,
:
MEMORANDUM AND ORDER
:
Respondent.
:
_________________________________________ :
Petitioner was previously a federal prisoner incarcerated at F.C.I. Fort Dix in Fort Dix,
New Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241. Petitioner is challenging the Federal Bureau of Prisons’ (“BOP”) decision with
respect to the length of time he is to be placed in a residential re-entry center (“RRC”).
Respondent states that petitioner is no longer in BOP custody as he has now been placed
in a RRC. Thus, according to respondent, his habeas petition which sought additional time in an
RRC may be moot. See Buczek v. Mariorana, 526 F. App’x 153-54 (3d Cir. 2013) (habeas
petition that alleged that date of his placement into RRC was inconsistent with Second Chance
Act rendered moot by petitioner’s placement into RRC). Therefore, petitioner shall be ordered to
show cause why his habeas petition should not be dismissed as moot.
Accordingly, IT IS this 29th day of August, 2016,
ORDERED that petitioner shall show cause within twenty-one (21) days of the date of
this Order why his habeas petition should not be dismissed as moot because he has been placed
into a RRC; and it is further
ORDERED that petitioner’s failure to respond to this Order within twenty-one (21) days
may result in dismissal of this action; and it is further

ORDERED that respondent may file a reply to petitioner’s response within fourteen (14)
days after petitioner files his response; and it is further
ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

2