HERNANDEZ v. WARDEN, No. 1:2023cv20302 - Document 6 (D.N.J. 2023)
Court Description: MEMORANDUM OPINION. Signed by Chief Judge Renee Marie Bumb on 11/14/2023. (alb, n.m.)
Download PDF
<![CDATA[
HERNANDEZ v. WARDEN Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE JULIO RUDOLPHO ROLDAN HERNANDEZ, Petitioner v. WARDEN, FCI FORT DIX, Respondent ______________________________ : : : : : : : : : CIV. NO. 23-20302 (RMB) MEMORANDUM OPINION IT APPEARING THAT: 1. On or about September 12, 2023, Petitioner Julio Rudolpho Roldan Hernandez, 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 the Bureau of Prisons (“BOP”) unlawfully found him ineligible for application of First Step Act (“FSA”) Time Credits to reduce his period of incarceration. (Pet., Docket No. 1.) 2. On November 13, 2023, Respondent submitted a letter to the Court, requesting dismissal of the petition as moot because BOP has applied 365 days of FSA earned time credits to Petitioner’s early supervised release, changing his release date to April 15, 2028. (Letter, Dkt. No. 5, and Declaration of Christina Clark, Exhibits 14.) Petitioner has also earned 445 days toward prerelease custody; however, he is not entitled to immediate placement because his release date is 4.5 years away. (Id.) 3. Petitioner has received all relief requested in his habeas petition, application of FSA time credit to his sentence. (Pet., Dkt. No. 1 at 7.) Dockets.Justia.com 4. “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 to grant the requested relief, the case must be dismissed as moot.” Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698–99 (3d Cir. 1996). 5. The petition is moot, and the Court will dismiss this matter. An accompanying Order follows. DATE: November 14, 2023 s/Renée Marie Bumb RENÉE MARIE BUMB Chief United States District Judge 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
