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Sheika v. New Jersey Dep't of Corrections

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 25, 2008

TAYSIR SHEIKA, APPELLANT,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT.

On appeal from the Final Determination of the New Jersey Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 13, 2007

Decided July 30, 2007

Remanded February 20, 2008

Before Judges Kestin,*fn1 Payne and Graves.

In our prior decision in this prison disciplinary matter, State v. Sheika 395 N.J. Super. 266 (App. Div. 2007), we remanded the case to the Department of Corrections for a hearing, in accordance with the procedural protections of Avant v. Clifford, 67 N.J. 496 (1975), with respect to charges leading to Sheika's nonconsensual out-of-State transfer to Connecticut to serve the remaining nineteen years of a thirty-year sentence for murder. Jurisdiction was retained.

We have been informed by counsel for Sheika that the order of transfer to Connecticut has been rescinded, and that Sheika has been removed from the prison's Management Control Unit and returned to the general population of New Jersey State Prison. In accordance with the request of counsel for the State and Sheika, we therefore dismiss the pending appeal as moot.


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