DIAZ v. WARDEN, FCI FORT DIX

District Court, D. New Jersey

DIAZ v. WARDEN, FCI FORT DIX

Trial Court Opinion

FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

RODIN DIAZ, : CIV. NO. 23-3882 (RMB) : Petitioner : v. : MEMORANDUM OPINION : STEVIE KNIGHT, WARDEN, : FCI FORT DIX, : : Respondent : ______________________________

IT APPEARING THAT:

1. On or about July 20, 2023, Petitioner Rodin Diaz, a prisoner confined in the Federal Correctional Institution in Fort Dix, New Jersey (“FCI Fort Dix”), filed a petition for writ of habeas corpus under

28 U.S.C. § 2241

, alleging he was entitled to but denied immediate release from prison upon application of his earned First Step Act (“FSA”) Time Credits. (Docket No. 1.) 2. On August 4, 2023, Respondent filed a letter brief (Docket No. 4), submitting that the habeas petition is moot because the Bureau of Prisons (“BOP”) recalculated and applied Petitioner’s earned FSA Time Credits, and released him from custody on July 31, 2023. (Declaration of Jonathan Kerr, Docket No. 4-1.) Respondent contends the habeas petition is moot because the case no longer presents a live case or controversy. (Docket No. 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 Ludlum Corp.,

77 F.3d 690

, 698–99 (3d Cir. 1996). 4. Petitioner has received the habeas relief he requested. Therefore, the petition is moot, and the Court will dismiss this matter.

An accompanying Order follows.

DATE: September 8, 2023 s/Renée Marie Bumb RENÉE MARIE BUMB Chief United States District Judge

Reference

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