MIRANDA v. WARDEN, No. 1:2023cv02233 - Document 8 (D.N.J. 2024)

Court Description: MEMORANDUM OPINION. Signed by Chief Judge Renee Marie Bumb on 3/27/2024. (mag, N.M.)

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MIRANDA v. WARDEN Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE GUSTAVO ENRIQUE LLANOS MIRANDA, Petitioner v. WARDEN, FCI FORT DIX, Respondent ______________________________ : : : : : : : : : CIV. NO. 23-2233 (RMB) MEMORANDUM OPINION IT APPEARING THAT: 1. On or about April 21, 2023, Petitioner Gustavo Enrique Llanos Miranda, a prisoner confined in the Federal Correctional Institution in Fort Dix, New Jersey, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241, seeking application of earned Time Credits under the First Step Act (“FSA Time Credits”). (Pet., Docket No. 1.) The Court directed Respondent to file an answer to the petition, and granted Respondent’s request for an extension of time to do so. (Orders, Docket Nos. 2, 5.) 2. On August 22, 2023, Respondent filed a letter brief, recommending dismissal of the petition as moot because the Bureau of Prisons (“BOP”) changed Petitioner’s FSA eligibility status to eligible, and on August 3, 2023, applied 365 days of FSA Time Credits towards his early transfer to supervised release. (Declaration of Danielle DiBello, Dkt. No. 7-1, ¶ 10 and Exhibits 1, 4.) 3. “If developments occur during the course of adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or prevent a court from being able Dockets.Justia.com to grant the requested relief, the case must be dismissed as moot.” Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698–99 (3d Cir. 1996). 4. The petition no longer presents a live case or controversy. Therefore, the Court will dismiss this matter as moot. An accompanying Order follows. DATE: March 27, 2024 s/Renée Marie Bumb RENÉE MARIE BUMB Chief United States District Judge 2

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