DEANE v. UNITED STATES OF AMERICA

Filing 11

MEMORANDUM & ORDER: Respondent shall file a supplemental response to petitioner's habeas petition within thirty (30) days of the date of this Order; petitioner may file a supplemental reply to respondent's supplement response within thirty (30) days of respondent's supplemental response filing. Signed by Judge Robert B. Kugler on 7/10/2018. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
DERRICK DEANE,
:
:
Petitioner,
:
Civ. No. 17-2718 (RBK)
:
v.
:
:
UNITED STATES OF AMERICA, et al.,
:
MEMORANDUM & ORDER
:
Respondent.
:
_________________________________________ :
Petitioner, Derrick Deane, is a federal prisoner proceeding pro se with a petition for writ
of habeas corpus filed pursuant to 28 U.S.C. § 2241. Petitioner challenges how the Federal
Bureau of Prisons (“BOP”) is executing his sentence. More specifically, in his petition, he asserts
that the BOP should have credited the time served on his federal sentence starting on December
13, 2013.
Respondent argues that the habeas petition is now moot because the BOP has
recalculated petitioner’s federal sentence. However, the BOP only recalculated petitioner’s
federal sentence, deeming it commencing on December 23, 2013, or ten days less than petitioner
requests in his habeas petition. While the BOP’s recalculation may moot most of petitioner’s
habeas petition, this Court is not entirely convinced by respondent’s argument that its
recalculation to December 23, 2013 moots petitioner’s entire habeas petition, most notably the
ten days between December 13, 2013 and December 23, 2013. Indeed, this Court finds
respondent’s citation to Greene v. Shartle, No. 11-4752, 2011 WL 6722805 (D.N.J. Dec. 21,
2011) unpersuasive. In that case, the District Court expressly noted that petitioner was not
entitled to an additional nineteen days credit to his sentence. Two of those days were not entitled
to be counted pursuant to Reno v. Koray, 515 U.S. 50 (1995), eleven of those days had been

credited in the recalculation, and petitioner provided nothing to substantiate that he was in
custody for the remaining six days. See Greene, 2011 WL 6722805, at *2 n.2. Respondent makes
no such specific similar argument as it relates to the ten days at issue in petitioner’s case.
Therefore, this Court will order respondent to file a supplemental response to petitioner’s habeas
petition that expressly addresses on the merits why petitioner is not entitled to ten additional days
of credit to his sentence (the period from December 13, 2013 to December 23, 2013).
Accordingly, IT IS this 10th day of July, 2018,
ORDERED that respondent shall file a supplemental response to petitioner’s habeas
petition within thirty (30) days of the date of this Order that expressly addresses on the merits
why petitioner is not entitled to ten additional days credit on his federal sentence for the period
from December 13, 2013 to December 23, 2013; and it is further
ORDERED that petitioner may file a supplemental reply to respondent’s supplement
response within thirty (30) days of respondent’s supplemental response filing; and it is further
ORDERDED 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

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