BARRETT v. KIRBY
Filing
6
OPINION. Signed by Judge Renee Marie Bumb on 8/25/2016. (dmr)(n.m.)
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
LAVON BARRETT,
Petitioner,
v.
MARK KIRBY,
Respondent.
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Civil Action No. 16-3268(RMB)
OPINION
BUMB, U.S. District Judge
On June 6, 2016, Petitioner, an inmate incarcerated in the
Federal Correctional Institution in Fairton, New Jersey, filed a
petition under 28 U.S.C. § 2241 challenging his prison disciplinary
sanctions, including loss of one-year RDAP drug completion, and 40
days of good conduct time. (Pet., ECF No. 1.) The Court ordered
Respondent to file an Answer to the petition. (Order, ECF No. 3.)
On August 10, 2016, Respondent submitted a letter requesting
dismissal of the petition as moot because Petitioner was provided
the relief requested in his petition, including expunging the
incident report, restoring lost good conduct time, and reinstating
Petitioner in the RDAP program. (Letter, ECF No. 5.)
A habeas petition is moot when a petitioner’s change in
circumstances “forestalled any occasion for meaningful relief.”
1
Nunes v. Decker, 480 F. App’x 173, 175 (3d Cir. 2012) (per curiam)
(quoting Artway v. Att'y Gen., 81 F.3d 1235, 1246 (3d Cir. 1996)
(citation omitted)); see Scott v. Schuykill, FCI, 298 F. App’x
202, 204 (3d Cir. 2008)(finding § 2241 petition moot because it
was not redressable by a favorable judicial decision after prisoner
was released). Petitioner no longer has a claim that is redressable
in a § 2241 proceeding because the BOP expunged the challenged
incident report, restored Petitioner’s good time credits, and
reinstated him in the RDAP program. See Marine v. Quintana, 347 F.
App’x
736
(3d
Cir.
2009)(finding
§
2241
petition
moot
where
incident report was expunged, good time credits were restored, and
petitioner was no longer in custody.)
Therefore, in the accompanying Order filed herewith, the
Court will dismiss the habeas petition as moot.
DATED: August 25, 2016
s/RENÉE MARIE BUMB__________
RENÉE MARIE BUMB
United States District Judge
2
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