Witt v. Hollingsworth, 15-8773(RMB). (2016)
Court: District Court, D. New Jersey
Number: infdco20160218d00
Visitors: 6
Filed: Feb. 17, 2016
Latest Update: Feb. 17, 2016
Summary: NOT FOR PUBLICATION OPINION REN E MARIE BUMB , District Judge . This matter comes before the Court upon Respondent's letter request (ECF No. 5) to dismiss the present habeas petition as moot. In his 2241 habeas petition, Petitioner sought immediate transfer to a Residential Reentry Center. He was subsequently transferred to Residential Reentry Center on January 13, 2016. Therefore, this case no longer presents an actual controversy. See Burkey v. Marberry , 556 F.3d 142 , 147 (3d Cir.
Summary: NOT FOR PUBLICATION OPINION REN E MARIE BUMB , District Judge . This matter comes before the Court upon Respondent's letter request (ECF No. 5) to dismiss the present habeas petition as moot. In his 2241 habeas petition, Petitioner sought immediate transfer to a Residential Reentry Center. He was subsequently transferred to Residential Reentry Center on January 13, 2016. Therefore, this case no longer presents an actual controversy. See Burkey v. Marberry , 556 F.3d 142 , 147 (3d Cir. 2..
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NOT FOR PUBLICATION
OPINION
RENÉE MARIE BUMB, District Judge.
This matter comes before the Court upon Respondent's letter request (ECF No. 5) to dismiss the present habeas petition as moot. In his § 2241 habeas petition, Petitioner sought immediate transfer to a Residential Reentry Center. He was subsequently transferred to Residential Reentry Center on January 13, 2016. Therefore, this case no longer presents an actual controversy. See Burkey v. Marberry, 556 F.3d 142, 147 (3d Cir. 2009) (under Article III of the Constitution, the case and controversy requirement means that throughout the litigation, the plaintiff "`must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision.'" (quoting Spencer v. Kemna, 523 U.S. 1, 7 (1998) (quoting Lewis v. Continental Bank Corp., 494 U.S. 472, 477 (1990)).
For the reasons discussed above, the Court will dismiss Petitioner's habeas petition as moot in the accompanying Order filed herewith.
Source: Leagle
