WILLIAMSON v. ALLEGHENY COUNTY PENNSYLVANIA et al

Filing 28

ORDER: For the reasons set forth in the accompanying Order, this case is DISMISSED. Clerk is to mark CASE CLOSED. Signed by Magistrate Judge Maureen P. Kelly on 10/21/2019. A copy of this Notice and Order have been mailed to Petitioner's address of record at Allegheny County Jail. (tjw)

IN THE UNITED STATES DISTRICT COURT·
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

LEONARD T. WILLIAMSON, SR.,

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Petitioner,

v.

Civil Action No. 17-1204
Magistrate Judge Maureen P. Kelly

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ORLANDO HARPER, County Prison
Warden, ATTORNEY GENERAL OF THE
COMMONWEALTH OF PENNSYLVANIA,
and DISTRICT ATTORNEY OF
ALLEGHENY COUNTY,
Respondents.

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ORDER

Leonard T. Williamson, Sr. ("Petitioner") filed a Petition for Writ of Habeas Corpus in this
Court (the "Petition"), ECF No. 8, challenging the fact that he is being detainep. in the Allegheny
County Jail ("ACJ'') and asserting that l).e is entitled to be housed in "alternative housing," which
the Court takes to mean a halfway house. Respondents have filed an Answer, denying that
Petitioner is entitled to any relief. ECF No. 20.
It recently came to the Court's attention that Petitioner was released from ACJ as of
February 2019, when the Court discovered that Petitioner was listed on the VINElink website as
being ,"out of custody" and a call to the ACJ confirmed that Petitioner was released in February,
2019.
Accordingly, the Court ordered Petitioner to Show Cause why the case was not rendered
moot upon his release.

ECF No. 27. Petitioner was required to file a response to the Order to

Show Cause no later than October 18, 2019. Petitioner was warned that failure to file a response
would result in the dismissal of the Petition as moot or due to Petitioner's failure to prosecute.

The Order to Show Cause was sent to Petitioner's address of record. The Order to Show Cause
was returned to the Court as undeliverable because Petitioner was no longer at the ACJ.
In light of the foregoing, including Petitioner's release from the ACJ and his failure to
keep the Court informed of his current address, IT IS HEREBY ORDERED that the case is
DISMISSED as moot or for failure to prosecute. DeFoy v. McCullough, 393 F.3d 439 (3d Cir.

2005) (it is a habeas petitioner's burden to demonstrate that his case is not moot once he has been
released from the sentence). The Clerk is to mark the case closed.

DATED: OCTOBER 21, 2019

cc:

All counsel ofrecord via CM-ECF

LEONARD T. WILLIAMSON, SR.
13951
Allegheny County Jail
950 2nd Ave.
Pittsburgh, PA 15219

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