Edwards v. Martinez

Filing 5

OPINION AND ORDER: denying 3 Motion for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, and this case is DISMISSED without prejudice. Signed by District Judge J. Garvan Murtha on 7/24/2012. (wjf)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
OHMAR EDWARDS,

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Petitioner,
v.
RICARDO S. MARTINEZ,
Respondent.

File No. 1:11-cv-294-jgm

OPINION AND ORDER
(Doc. 3)
Petitioner Ohmar Edwards, proceeding pro se, has filed a
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The petition asks the Court to hold a revocation hearing under
Federal Rule of Criminal Procedure 32.1.

At the time the

petition was filed, jurisdiction over Edwards’ supervised release
resided with the United States District Court for the Western
District of Washington.
The government opposed the petition, but reported that
“Petitioner’s actual case in the Western District of Washington
should soon be transferred to the District of Vermont, giving
this Court the jurisdiction to hear Petitioner’s request.”
4 at 1.)

(Doc.

The government also acknowledged that if the transfer

of jurisdiction occurred, “the Court can then schedule a Rule
32.1 hearing.”

Id. at 3.

Jurisdiction over Edwards’ supervised release was
transferred to this Court in an Order docketed February 28, 2012.

See United States v. Edwards, Case No. 5:12-cr-22-cr-jmc (Doc.
1.)

On March 21, 2012, Judge Reiss held a hearing at which

Edwards admitted to having violated a condition of his supervised
release.

Edwards was subsequently sentenced to twenty-two

months’ imprisonment for the violation.

Accordingly, the

revocation hearing requested in Edwards’ petition has now
occurred, and the petition is moot.

The petition for writ of

habeas corpus (Doc. 3) is therefore DENIED, and this case is
DISMISSED without prejudice.
Dated at Brattleboro, in the District of Vermont, this
24 th day of July, 2012.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge

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