ARCHIE v. SMITH

Filing 10

MEMORANDUM OPINION & ORDER dismissing as moot the petition and 8 motion for counsel; the Clerk shall mark this case closed. Signed by Judge Noel L. Hillman on 1/8/2021. (tf, n.m.)

Case 1:20-cv-07912-NLH Document 10 Filed 01/08/21 Page 1 of 3 PageID: 47

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
SHAWN ARCHIE, SR.,
:
:
Petitioner,
:
Civ. No. 20-7912 (NLH)
:
v.
:
MEMORANDUM OPINION & ORDER
:
:
RICHARD T. SMITH,
:
:
Respondent.
:
______________________________:
APPEARANCES:
Shawn Archie, Sr.
974313G
Southern State Correctional Facility
4295 Route 47
Delmont, NJ 08314
Petitioner Pro se
Christine A. Hoffman, Gloucester County Prosecutor
Dana A. Anton, Acting Senior Assisting Prosecutor
Gloucester County Prosecutor’s Office
Hunter & Euclid Streets
PO Box 623
Woodbury, NJ 08096
Counsel for Respondent
HILLMAN, District Judge
WHEREAS, Petitioner Shawn Archie, Sr. filed a petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging
his pretrial detention in the Cumberland County Jail, see ECF
No. 1.
and

He also moves for the appointment of counsel, ECF No. 8;

Case 1:20-cv-07912-NLH Document 10 Filed 01/08/21 Page 2 of 3 PageID: 48

WHEREAS, Respondent has informed the Court that Petitioner
has pled guilty and been sentenced to state prison since he
filed his § 2241 petition.

ECF No. 3-1.

He is currently

detained in Southern State Correctional Facility, ECF No. 9; and
WHEREAS, Petitioner’s habeas petition challenging his
pretrial custody is rendered moot by his guilty plea and
sentencing.

See, e.g., Williams v. New Jersey, No. 18-cv-14964,

2020 WL 3259223, at *2 (D.N.J. June 16, 2020) (state prisoner's
guilty plea moots his § 2241 habeas petition challenging
pretrial detention); and
WHEREAS, the Court cannot grant relief under § 2241 as
Petitioner is now in custody pursuant to a state court judgment.
Any challenge to his current conditions would have to be filed
under 28 U.S.C. § 2254 after Petitioner exhausted his state
court remedies.

See McKnight v. United States, 27 F. Supp. 3d

575, 587 (D.N.J. 2014); and
WHEREAS, the request for counsel is likewise mooted,
THEREFORE, IT IS on this

8th

day of January, 2021

ORDERED that the petition and motion for counsel, ECF No.
8, are dismissed as moot; and it is finally

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Case 1:20-cv-07912-NLH Document 10 Filed 01/08/21 Page 3 of 3 PageID: 49

ORDERED that the Clerk shall send Petitioner a copy of this
Order by regular mail and mark this case closed.

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

At Camden, New Jersey

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