OTHMAN v. N'DIAYE, No. 1:2021cv08611 - Document 13 (D.N.J. 2022)

Court Description: OPINION. Signed by Judge Renee Marie Bumb on 12/7/2022. (mag, N.M.)

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OTHMAN v. N'DIAYE Doc. 13 Case 1:21-cv-08611-RMB Document 13 Filed 12/07/22 Page 1 of 2 PageID: 410 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE AIMAN OTHMAN, Petitioner v. LAMINE N'DIAYE, Respondent ______________________________ : : : : : : : : : CIV. NO. 21-8611 (RMB) OPINION Petitioner Aiman Othman, a prisoner formerly 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, seeking release based on his medical conditions and the spread of COVID-19 in the prison. (Pet., Dkt. No. 1.) Respondent has filed a request to dismiss the habeas petition as moot (Docket No. 12) because the Federal Bureau of Prisons released Petitioner from custody on November 9, 2022. (Ex. A; Docket No. 12-1). "What was once a live case or controversy may become moot if 'interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.'" Williams v. Sherman, 214 F. App'x 264, 266 (3d Cir. 2007) (quoting County of Los Angeles v. Davis, 440 U.S. 625, 631 (1979)). Petitioner's release ended his exposure to the spread of COVID-19 in FCI Fort Dix. Therefore, the petition will be dismissed as moot. Dockets.Justia.com Case 1:21-cv-08611-RMB Document 13 Filed 12/07/22 Page 2 of 2 PageID: 411 An accompanying Order follows. DATE: December 7, 2022 s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge 2

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