Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Kessler v. Rock

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


May 22, 2009

LEON L. KESSLER, PETITIONER,
v.
DAVID A. ROCK, RESPONDENT.

The opinion of the court was delivered by: Seybert, District Judge

MEMORANDUM & ORDER

On June 6, 2008, Leon L. Kessler ("Petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner states that he had been unlawfully subject to a post-release supervision period after his sentencing in violation of Petitioner's fourteenth amendment rights. Petitioner has not stated any grounds for his application other than his concerns regarding the post-release supervision period.*fn1

On January 5, 2009, Respondent moved to dismiss on the grounds that Petitioner's application is moot. Respondent indicates that Petitioner has been re-sentenced to his original sentence, and the period of post-release supervision has been removed. The motion is unopposed.

Because Petitioner is no longer subject to post-release supervision, there are no claims in Petitioner's application for this Court to address. Thus, the Court dismisses the petition for a writ of habeas corpus as moot.

CONCLUSION

For the reasons stated above, the Court DISMISSES Petitioner's application for a writ of habeas corpus as moot. The Clerk of the Court is directed to mark this matter closed and terminate all pending motions. The Court will not issue a certificate of appealability.

SO ORDERED.

Joanna Seybert, U.S.D.J.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.