KOPEC v. RUPERT
MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 7/10/2017. (dmr)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
IN RE: THOMAS KOPEC,
Civ. Action Nos. 17-3779 (NLH)
IT APPEARING THAT:
Petitioner Thomas Kopec (“Petitioner”) has recently
filed two matters with this Court.
In his first case,
Petitioner names Kristin Rupert, an employee at the Records
Department of the Federal Correctional Institution at Fort Dix,
as respondent, and requests that the Court:
issue the Writ of habeas corpus command
Identifiable holder of Plaintiff's body
to make the return of the certified
record showing by what Government and by
what Law is followed for lawful Power to
hold the human body and restrain the
federal and civil right of personal
petitioner physically in State of N.J. at
State of Virginia's
Government law~ inside the State of N.J.
or any Government's laws inside the State
petitioner's liberty and private human
labor without service of process notice
and without providing petitioner and
respondents' restraint on liberty
labor is final and unreviewable.
(Civil Action No. 17-3779, ECF No. 1.)
In his second case, Petitioner names FCI Fort Dix employee
A. Baglieri as respondent, and requests that the Court:
[i]ssue Mandamus Order enjoining Respondent,
A. Baglieri, to cease and desist all orders
and/or direct declarations and acts that
impede or suspend or cancel independent
Government of THE FEDS' command releasing
petitioner, Thomas Kopec, from Joint Base
McGuire-Dix-Lakehurst, in State of N.J. back
to home State of New York.
(Civil Action No. 17-4790, ECF No. 1.)
The factual allegations in both Petitions are similar,
but still unclear.
To the best the Court can discern, it appears
government to: arrest him in his home state of New York; bring him
to Virginia to faces federal charges; convict him in Virginia; and
then send him to New Jersey to serve his sentence.
No. 17-3779, Pet. 4-8; Civil Action No. 17-4790, Pet. 3-9); see
also U.S. v. Kopec, Crim. Action No. 15-869 (E.D.N.Y. 2015); U.S.
v. Kopec, Crim. Action No. 14-204 (E.D. Va. 2014).
that the ultimate relief Petitioner is seeking in both actions is
release from custody to return back to New York.
maintained by the Bureau of Prisons, Petitioner was released from
Because it appears that the only relief Petitioner was seeking,
i.e. release from custody in New Jersey, has been granted, the
Hollingsworth, No. 15-7592, 2016 WL 3392269, at *2 (D.N.J. June
15, 2016) (“Petition is moot because Petitioner is no longer
threatened with an actual injury traceable to the BOP and likely
to be redressed by a favorable judicial decision”) (internal
citations and quotation marks omitted).
To the extent the Court has misconstrued the nature of
Petitioner’s claims and/or his requested relief, Petitioner may
file a motion for reconsideration within 30 days of the date of
this Memorandum Opinion.
An appropriate order follows.
Dated: July 10, 2017
At Camden, New Jersey
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
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