TAVAREZ v. YOUNG, No. 1:2019cv07477 - Document 8 (D.N.J. 2019)
Court Description: MEMORANDUM OPINION & ORDER directing Petitioner to show cause as to why the petition should not be dismissed as moot. Any argument should be submitted within 30 days of this Order. Signed by Judge Noel L. Hillman on 11/25/2019. (dmr)(n.m.m)
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TAVAREZ v. YOUNG Doc. 8 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY FELIX TAVAREZ, Petitioner, 1:19-cv-7477 (NLH) MEMORANDUM OPINION & ORDER v. WARDEN S. YOUNG, Respondent. APPEARANCES: Felix Tavarez 90004-054 Fairton Federal Correctional Institution P.O. Box 420 Fairton, NJ 08320 Petitioner pro se Craig Carpenito, United States Attorney Elizabeth A. Pascal, Assistant United States Attorney United States Attorney’s Office 401 Market Street P.O. Box 2098 Camden, NJ 08101 Attorneys for Respondent HILLMAN, District Judge WHEREAS, Petitioner Felix Tavarez filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the Bureau of Prisons’ (“BOP”) failure to award him good time credit as required by the First Step Act of 2018, see ECF No. 1; and Dockets.Justia.com WHEREAS, the Honorable Jerome B. Simandle, U.S.D.J., 1 ordered Respondent Warden S. Young to answer the petition on April 23, 2019, see ECF No. 4; and WHEREAS, Respondent filed an answer on June 10, 2019 asserting that Petitioner’s arguments under the First Step Act were premature, see ECF No. 5; and WHEREAS, Respondent filed a letter indicating that Petitioner’s good time credits were recalculated in accordance with the First Step Act on July 1, 2019, see ECF No. 7, 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. Burkey, 556 F.3d at 147 (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. Petitioner only challenged the calculation of good time credits. According to the documentation provided by the 1 The matter was reassigned to the undersigned on August 8, 2019. ECF No. 6. 2 United States, Petitioner has received the relief he requested, THEREFORE, IT IS on this 25th day of November, 2019 ORDERED that Petitioner shall show cause why the petition should not be dismissed as moot. Any argument should be submitted within 30 days of this Order; and it is finally ORDERED that the Clerk of the Court shall serve a copy of this Order on Plaintiff by regular first-class mail at his last known address: Felix Tavarez 90004-054 Fairton Federal Correctional Institution P.O. Box 420 Fairton, NJ 08320 s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 3
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