LEATH v. ORTIZ

Filing 14

MEMORANDUM. Signed by Judge Noel L. Hillman on 12/11/2018. (dmr)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

STEVEN LEATH,
Petitioner,
v.
WARDEN DAVID ORTIZ,
Respondent.

1.

:
:
:
:
:
:
:
:
:
:
:

No. 17-cv-3178 (NLH)

MEMORANDUM

Petitioner filed a Petition for Writ of Habeas Corpus

pursuant to 28 U.S.C. § 2241, in which he sought consideration
for residential reentry center placement.
2.

ECF No. 1.

Respondent filed an Answer to the Petition in which

Respondent argued that, inter alia, Petitioner’s request was
premature because prisoners are not considered for residential
reentry placement until seventeen to nineteen months before
their projected release date.
3.

ECF No. 7 at 2-3.

After the Petitioner filed a motion to expedite

consideration of his Petition and in light of the Respondent’s
arguments regarding the timeframe for residential reentry
consideration, the Court issued an order directing the parties
to provide a status update regarding Petitioner’s consideration
for residential reentry placement and noted that the Petition
may be moot if the Petitioner had been considered for placement.
ECF No. 10.

4.

Pursuant to the order, Respondent filed a status

update including a declaration explaining that Petitioner had
been considered for and granted residential reentry placement.
See ECF No. 11.
5.

5.

Petitioner did not provide the Court will a status

update.
6.

Because Petitioner received the relief he was

requesting, i.e. residential reentry consideration, it appeared
to the Court that the § 2241 petition should be dismissed as
moot for failure to present a case or controversy for which this
Court could provide relief.

See, e.g., Brown v. Warden Fairton

FCI, 617 F. App’x 117 (3d Cir. 2015) (dismissing appeal of §
2241 petition as moot because petitioner received his requested
residential reentry center consideration).
7.

On November 21, 2018, the Court issued an order to

show cause within fourteen (14) days why the Petition should not
be dismissed as moot.
7.

See ECF No. 12.

The Petitioner has failed to show cause or respond in

any way to that Order and has not corresponded with the Court
since April 9, 2018.
8.

As such, the Court will dismiss this Petition pursuant

to § 2241 as moot.

Dated: December 11, 2018
At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
2