Meyers v. Health and Hospitals Corporation

Filing 17

MEMORANDUM AND ORDER, The parties have both submitted that Meyers is no longer involuntarily confined relative to his claims in the instant petition. The case is thus dismissed as moot. (Granting 14 Motion to Dismiss) To the extent Meyers' mo st recent submission asks this Court to "repeal" a portion of state law that requires him to check in with an "aftercare clinic" within five days of his release, that claim is outside the scope of the instant petition, and Meyers has not articulated the legal basis for such a challenge. For the reasons stated, 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. T he Court certifies pursuant to 28 USC sec. 1915(a) that any appeal 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. (Ordered by Chief Judge Carol Bagley Amon on 4/30/2012) c/m Fwd. for Judgment. (Galeano, Sonia)

FILED

IN CLERK'S OFFICE
US DISTRICT COURT I) NY.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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COLONEL MAURICE MAYNARD MEYERS,

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APR 3 0 2012

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BROOKLYN OFFICE

Petitioner,
NOT FOR PUBLICATION
-against-

MEMORANDUM & ORDER
12-CV-436 (CBA) (LB)

HEALTH AND HOSPITALS CORP.,
Respondent.

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AMON, United States District Judge:
On January 25,2012, petitioner Colonel Maurice Maynard Meyers ("Meyers"), prose,
filed the instant action seeking his release from Kings County Hospital Center ("KCHC"), where
he was involuntarily retained and medicated over objection 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 was challenging the fact of his confinement and
seeking his immediate release. Respondent has moved to dismiss the petition, arguing that
because Meyers was discharged from KCHC on March 23, 2012, the action as moot. Meyers
has also filed a submission confirming that he was released from KCHC. Accordingly, the
action is dismissed.
"Mootness is a jurisdictional matter relating to the Article III requirement that federal
courts hear only 'cases' or 'controversies."' Blackwelder v. Safnauer, 866 F.2d 548, 550 (2d Cir.
1989) (citing Preiser v. Newkirk, 422 U.S. 395, 40I (I975)). A case becomes moot "when the
issues presented are no longer 'live' or the parties 'lack a legally cognizable interest in the
outcome."' Blackwelder, 866 F.2d at 551 (quoting Murphy v. Hunt, 455 U.S. 478, 48I (1982));
see also Jefferson v. Abrams, 747 F.2d 94,96 (2d Cir. 1984). When this occurs, the

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Constitution's case or controversy requirement is not satisfied and a federal court lacks subject
matter jurisdiction over the action. Blackwelder, 866 F.2d at 550; Jefferson, 747 F.2d at 96.
Here, the parties have both submitted that Meyers is no longer involuntarily confined relative to
his claims in the instant petition. The case is thus dismissed as moot. See Meyers v. Williams,
10-cv-620 (E.D.N.Y. Feb. 22, 2011) (dismissing similar habeas petition as moot because
petitioner was no longer involuntarily confined at hospital).
To the extent Meyers' most recent submission asks this Court to "repeal" a portion of
state law that requires him to check in with an "aftercare clinic" within five days of his release,
that claim is outside the scope of the instant petition, and Meyers has not articulated the legal
basis for such a challenge.
For the reasons stated, 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.
See 28 U.S.C. § 2253(c)(2); Lucidore v. New York State Div. o£Parole, 209 F.3d 107, 112-13
(2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a) that any appeal from a
judgment denying the instant petition would not be taken in good faith. Coppedge v. United
States, 369 U.S. 438 (1962). The Clerk of the Court is directed to enter judgment and to close
the case.
SO ORDERED.
Dated: Brooklyn, New York

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,2012

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Carol Bag!ly Aroon
United States District Judge