UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
May 22, 2009
LEON L. KESSLER, PETITIONER,
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.
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.
Joanna Seybert, U.S.D.J.