UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ : CLEVELAND BRANDON, : : Petitioner, : Civ. No. 20-5598 (NLH) : v. : MEMORANDUM OPINION & ORDER : : DAVID E. ORTIZ, : : Respondent. : ______________________________:

APPEARANCE:

Cleveland Brandon 91304-038 Fort Dix Federal Correctional Institution P.O. Box 2000 Joint Base MDL, NJ 08640

Petitioner Pro se

Rachael Honig, Acting United States Attorney John Francis Basiak, Assistant United States Attorney Office of the U.S. Attorney 402 East State Street Room 08608 Trenton, NJ 08608

Counsel for Respondent

HILLMAN, District Judge WHEREAS, Petitioner Cleveland Brandon filed a petition for writ of habeas corpus pursuant to

challenging the Bureau of Prisons’ decision regarding his eligibility for the Residential Drug Abuse Program, see ECF No. 1; and WHEREAS, Respondent filed a motion to dismiss the petition, ECF No. 9; and WHEREAS, Petitioner filed a motion for judgment, ECF No.

14; and WHEREAS, the United States filed a letter on January 20, 2021 indicating that Petitioner was granted compassionate release by his sentencing court on November 24, 2020, United States v. Brandon, No. 09-cr-10377 (D. Mass. Nov. 24, 2020) (ECF No. 58). ECF No. 16; and WHEREAS, Petitioner's habeas petition challenging the BOP’s RDAP decision is moot considering his release from BOP custody. See Hayes v. Ortiz, No. 17-6459,

, at *2 (D.N.J. Sept. 9, 2020), THEREFORE, IT IS on this 21st day of January, 2021 ORDERED that the petition is dismissed as moot. The Clerk

shall terminate all pending motions; and it is finally ORDERED that the Clerk shall send Petitioner a copy of this Order by regular mail and mark this case closed.

s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.