Opinion

GALLO v. ORTIZ

Court
District Court, D. New Jersey
Filed
Apr 8, 2022
Cited by
0 cases
Authority
More cited than 25.4%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

CAMDEN VICINAGE

LOUIS N. GALLO, III : CIV. NO. 20-16416 (RMB)

:

Petitioner :

:

v. : OPINION

:

DAVID E. ORTIZ, WARDEN :

:

Respondent :

___________________________________

This matter comes before the Court upon Petitioner Louis N. Gallo III’s petition for a

writ of habeas corpus under 28 U.S.C. § 2241 (Dkt. No. 1) seeking application of time credits

under the First Step Act (“FSA”) and release to home confinement, and Respondent’s letter

brief. (Dkt. No. 23.) Pursuant to the Declaration of Cyntrena Cross-Peart and attached

exhibits,1 Respondent submits that the habeas petition is moot because Petitioner has received

all relief requested in his petition, application of his FSA time credits, and release to home

confinement on January 12, 2022. (Declaration of Cyntrena Cross-Peart, Dkt. No. 23-1, ¶¶

24, 25.)

The record establishes that Petitioner received the relief requested in his habeas

petition. Therefore, the petition is moot and will be dismissed. See, Brown v. Warden Fairton

FCI, 617 F. App'x 117, 119 (3d Cir. 2015) (quoting Main Line Fed. Sav. & Loan Ass'n v. Tri–

Kell, Inc., 721 F.2d 904, 907 (3d Cir.1983) (“the determination that a case is moot requires

that there be nothing gained by reaching a decision.”); County of Morris v. Nationalist Movement,

1 Cyntrena Cross-Peart is a Senior Attorney Advisor at the Federal Correctional Institution

in Fort Dix, New Jersey, where Petitioner was incarcerated.

273 F.3d 527, 533 (3d Cir.2001) (“The mootness doctrine is centrally concerned with the

court's ability to grant effective relief”)).

An appropriate Order follows.

Date: April 7, 2022

s/Renée Marie Bumb

RENÉE MARIE BUMB

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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