Meeker v. Houston House

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 7/14/2 023 GREGORY MEEKER, Petitioner, 1:23-cv-4034-GHW -against- ORDER PATRICK MCFARLAND, Residential Reentry Manager, New York Regional Reentry Office, Respondent.

GREGORY H. WOODS, United States District Judge: Petitioner filed this action in the District of Rhode Island on April 23, 2023 pursuant to 28 U.S.C. § 2241. Dkt. No. 1. In his petition, Petitioner asserted that he had not been provided proper credits under the First Step Act. The action was transferred to this Court on May 9, 2023. Dkt. No. 3. On May 17, 2023, the Court ordered that the United States Attorney for the Southern District of New York respond to the petition within thirty days. Dkt. No. 6. In the interim, however, on June 1, 2023, Petitioner filed a motion to dismiss the action. Dkt. No. 8. In support of his motion to dismiss the action, Petitioner filed a declaration asserting that “I have received all of the FSA credits I was owed and am being released any day, thank you.” Dkt. No. 9.

Because the Court understands that Petitioner has received all of the relief that he sought and that there is no active dispute to be resolved or remedied, Petitioner’s motion to dismiss this action is granted without prejudice.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444–45 (1962). Petitioner has not made a substantial showing of the denial of a constitutional right, so the Court denies a certificate of appealability under 28 U.S.C. § 2253.

The Court thanks Mr. Meeker for notifying it that the issues that he had presented to the Court have been resolved.

The Clerk of Court is directed to terminate all outstanding motions, to close this case, and to mail a copy of this order to Mr. Meeker.

SO ORDERED.

Dated: July 14, 2023 New York, New York GREG . WOODS United States District Judge