OTHMAN v. N'DIAYE ( 2022 )


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  • FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE AIMAN OTHMAN, : CIV. NO. 21-8611 (RMB) : Petitioner : v. : OPINION : : LAMINE N'DIAYE, : : Respondent : ______________________________ 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. DATE: December 7, 2022 s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge

Document Info

Docket Number: 1:21-cv-08611

Filed Date: 12/7/2022

Precedential Status: Precedential

Modified Date: 6/25/2024