Kessler v. Rock

Filing 26

MEMORANDUM AND ORDER; For the reasons stated herein, the Court DISMISSES Petitioner's application for a writ of habeas corpus as moot. The Clerk of the Court is directed to mark this matter closed and terminate all pending motions. The Court will not issue a certificate of appealability. ( Ordered by Judge Joanna Seybert on 5/22/2009.) c/m c/ecf (Fagan, Linda)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------X LEON L. KESSLER, Petitioner, -againstDAVID A. ROCK, Respondent. ------------------------------------X APPEARANCES For Petitioner: Leon L. Kessler, Pro Se 01A6107 Attica Correctional Facility Box 149 Attica, NY 14011-0149 For Respondent: Paul B. Lyons, Esq. Office of the New York State Attorney General 120 Broadway New York, NY 10271 MEMORANDUM & ORDER 08-CV-2332 (JS)

SEYBERT, District Judge: On June 6, 2008, Leon L. Kessler ("Petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner states that he had been unlawfully subject to a postrelease supervision period after his sentencing in violation of Petitioner's fourteenth amendment rights. Petitioner has not

stated any grounds for his application other than his concerns regarding the post-release supervision period.1 On January 5, 2009, Respondent moved to dismiss on the

The instant petition is Petitioner's second application. Petitioner previously filed an application for a writ of habeas corpus on other grounds, which was dismissed on the merit by the Honorable Arthur D. Spatt on April 4, 2006. See Kessler v. Bennett, No. 05-CV-0851.

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grounds

that

Petitioner's

application

is

moot.

Respondent

indicates that Petitioner has been re-sentenced to his original sentence, and the period of post-release supervision has been removed. The motion is unopposed. Because Petitioner is no longer subject to post-release supervision, there are no claims in Petitioner's application for this Court to address. Thus, the Court dismisses the petition for

a writ of habeas corpus as moot. CONCLUSION For the reasons stated above, the Court DISMISSES The

Petitioner's application for a writ of habeas corpus as moot.

Clerk of the Court is directed to mark this matter closed and terminate all pending motions. The Court will not issue a

certificate of appealability.

SO ORDERED. /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J. Dated: Central Islip, New York May 22 , 2009

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