JAMES v. ANTONELLI

District Court, D. New Jersey

JAMES v. ANTONELLI

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

WILLIE D. JAMES, 1:19-cv-0445 (NLH)

Petitioner, MEMORANDUM OPINION & ORDER

v.

B. M. ANTONELLI,

Respondent.

APPEARANCES:

Willie D. James 40199-018 FCI Fort Dix PO Box 2000 JMDL, NJ 08640

Petitioner pro se

Rachael Honing, Acting United States Attorney Elizabeth Pascal, Assistant United States Attorney U.S. Attorney’s Office for the District of New Jersey 401 Market Street Suite 2098 Camden, NJ 08101

Attorneys for Respondent

HILLMAN, District Judge WHEREAS, Petitioner Willie D. James filed this petition for writ of habeas corpus pursuant to

28 U.S.C. § 2241

to challenging his career offender designation under the U.S. Sentencing Guidelines. Specifically, he argued that his predicate convictions no longer qualified as “crimes of violence” as that phrase is used in the Guidelines, ECF No. 1; and WHEREAS, the United States Court for the District of South

Carolina transferred this matter to this District on January 11, 2019, ECF No. 25; and WHEREAS, the United States responded on March 20, 2019, ECF No. 28; and WHEREAS, on January 15, 2021, counsel for the United States filed a letter with this Court informing the Court that Petitioner was released from custody on March 14, 2019, ECF No. 31; and WHEREAS, “[u]nder Article III of the Constitution, a federal court may adjudicate ‘only actual, ongoing cases or controversies.’” Burkey v. Marberry,

556 F.3d 142, 147

(3d Cir. 2009) (quoting Lewis v. Continental Bank Corp.,

494 U.S. 472, 477

(1990). The “case or controversy” requirement continues through all stages of federal judicial proceedings and requires that parties have a personal stake in the outcome.

Id.

(citing Lewis,

494 U.S. at 477-78

); and WHEREAS, for there to remain a case or controversy, there must be a likelihood that the petitioner’s injury would be redressed by a District Court’s grant of his habeas corpus petition. Id. at 150; and WHEREAS, Petitioner has been released from Bureau of Prisons custody. The Court can order no further relief under § 2241, THEREFORE, IT IS on this 22nd day of January, 2021

ORDERED that the petition is dismissed as moot; and it is further ORDERED that the Clerk shall send a copy of this Order to Petitioner at his last known address and mark this case closed.

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

Reference

Status
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