Meyers v. Williams, MD et al

Filing 36

MEMORANDUM & ORDER: On 1/19/2010, petitioner Colonel Maurice Maynard Meyers ("Meyers"), pro se, filed the instant action seeking his release from South Beach Psychiatric Center ("SBPC"), where he was involuntarily r etained pursuant to § 9.33 of the New York Mental Hygiene Law. The Court construed the action as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, as petitioner is challenging the fact of his confinement and the sole rem edy he seeks is his immediate release. Respondent moved to 12 dismiss the petition, arguing that because Meyers is no longer confined to SBPC pursuant to the civil order of commitment at issue in this action, the action as moot. The Court agrees an d accordingly the action is dismissed. A Certificate of Appealability shall not issue because petitioner has not made a substantial showing of the denial of a constitutional right. The Court certifies pursuant to 28 U.S.C. § 1915(a) that any ap peal from a judgment denying the instant petition would not be taken in good faith. The Clerk of the Court is directed to enter judgment and to close the case. SO ORDERED. (Ordered by Judge Carol B. Amon on 2/22/2010) C/mailed. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)