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Farquharson v. Warden

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


July 17, 2009

GIBBON W. FARQUHARSON, PETITIONER,
v.
WARDEN, HUDSON COUNTY CORRECTIONAL CENTER, RESPONDENT.

The opinion of the court was delivered by: Greenaway, Jr., U.S.D.J.

ORDER

This matter comes before this Court on petitioner Gibbon Farquharson's ("Petitioner") motion, pursuant to 28 U.S.C. § 2243, requesting that an Order be issued requiring respondent, Warden of Hudson County Correctional Center ("Respondent"),*fn1 to show cause why Petitioner's motion seeking the issuance of a writ of habeas corpus, pursuant to 28 U.S.C. § 2241 should not be granted. The motion is moot, it will be denied.

Section 2243 provides that "[a] court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted. . . . The writ, or order to show cause shall be directed to the person having custody of the person detained. . . . The person to whom the writ or order is directed shall make a return certifying the true cause of the detention." 28 U.S.C. § 2243.

This Court issued an order on March 10, 2009 ("Order"), instructing Respondent to file an answer to Petitioner's petition seeking the issuance of a writ of habeas corpus. (Docket Entry No. 10.) The Order specified that Respondent should respond to Petitioner's allegations paragraph by paragraph, and state the statutory authority for Petitioner's detention, pursuant to 28 U.S.C. § 2243. (Id. at 1-2.) This satisfies the statutory requirement of an order to show cause.

Further, the U.S. Attorney's Office responded to the Order with a letter on April 21, 2009. (Docket Entry No. 13.) In this letter and two subsequent letters (filed on May 22, 2009 (Docket Entry No. 14) and June 23, 2009 (Docket Entry No. 15)), the U.S. Attorney's Office has updated the status of the Petitioner's detention. These letters evidence why Petitioner's detention continues.*fn2

For the reasons set forth above, the Petitioner's motion is moot. Therefore,

IT IS, this 17th day of July, 2009, ORDERED that the motion (Docket Entry No. 8) filed by Gibbon W. Farquharson seeking an order to show cause, pursuant to 28 U.S.C. § 2243, is DENIED as moot; and it is further

ORDERED that a copy of this Order be served on all parties within seven (7) days of the date of entry of this Order.

JOSEPH A. GREENAWAY, JR., U.S.D.J.


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