Bozzuto v. United States of America

Filing 10

ORDER: The Court hereby concludes that Mr. Bozzuto's claim is moot in light of his release from prison and the remote and speculative nature of any early termination of supervised release. United States v. Williams, 475 F.3d 468, 479 (2d Cir. 2007); see also United States v. Blackburn, 461 F.3d 259, 262 (2d Cir. 2006). This matter is therefore DISMISSED. The Clerk of Court is respectfully directed to close this case. The United States is ORDERED to serve this Order on Mr. Bozzuto and file proof of service by October 27, 2020. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 10/13/2020) (js)

Case 1:16-cv-07149-ALC Document 10 Filed 10/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BOZZUTO,
Petitioner,

v.
UNITED STATES OF AMERICA,

Defendant.

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10/13/2020
16-cv-07149-ALC
ORDER

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ANDREW L. CARTER, JR., District Judge:
On August 19, 2020, this Court issued an Order to Show Cause, ECF No. 7, why this matter
should not be dismissed as moot in light of Mr. Bozzuto’s release from prison on October 19,
2018. See United States v. Key, 602 F.3d 492, 494 (2d Cir. 2010) (finding challenge to criminal
sentence moot where former-prisoner had been released and the "possibility [of termination of
supervised release] is too 'remote and speculative' to 'satisf[y] the case-or-controversy requirement
of Article III, Section 2 of the Constitution.'"). The United States served the Order to Show Cause
on Petitioner by mail and email. ECF. No. 9 at 1. For its own response, the United States took the
position that Mr. Bozzuto’s claim was indeed moot. ECF No. 9 at 2. To date, Mr. Bozzuto has not
responded to the Court’s order.
The Court hereby concludes that Mr. Bozzuto’s claim is moot in light of his release from
prison and the remote and speculative nature of any early termination of supervised release. United
States v. Williams, 475 F.3d 468, 479 (2d Cir. 2007); see also United States v. Blackburn, 461 F.3d

Case 1:16-cv-07149-ALC Document 10 Filed 10/13/20 Page 2 of 2

259, 262 (2d Cir. 2006). This matter is therefore DISMISSED. The Clerk of Court is respectfully
directed to close this case. The United States is ORDERED to serve this Order on Mr. Bozzuto
and file proof of service by October 27, 2020.
SO ORDERED.
Dated: October 13, 2020
New York, New York

ANDREW L. CARTER, JR.
United States District Judge