Stone v. Huett
- Laura Swain
- 1:22-cv-08545
- U.S. District Court · Southern District of New York
- 1
In Stone v. Huett, Judge Swain denied Stone’s detention-review petition as moot after he failed to respond.
Robert Stone, whose federal detention-review petition was denied as moot after he did not file the declaration the court ordered.
What happened
In Stone v. Huett, Robert Stone filed a petition asking the federal court to review his detention under federal law. The court had ordered him to explain why the petition should not be denied as moot.
Stone did not file the required declaration within 30 days. The court therefore denied the petition as moot, as its earlier order had warned. The court also refused to issue a certificate of appealability and denied permission to appeal without paying the filing fee.
Judge Laura Taylor Swain directed the clerk to enter judgment. The opinion does not explain the underlying reason the petition had become moot beyond Stone’s failure to file the requested declaration.
The detailed version
- Stone v. Huett · No. 1:22-cv-08545
- Laura Swain
- Feb. 2, 2023
Background
Robert Stone, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241 asking the court to review his detention. The respondent is Warden Huett. On November 29, 2022, the court ordered Stone to submit a declaration within 30 days explaining why the petition should not be denied as moot—that is, because the court viewed the dispute as no longer presenting a live issue.
Ruling
Stone did not submit the declaration. The court’s earlier order stated that failing to comply would result in denial of the petition as moot. The court therefore denied the petition as moot. Because the petition did not make a substantial showing that Stone’s constitutional rights had been denied, the court ruled that a certificate of appealability would not issue.
Appeal and Disposition
The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. It directed the clerk to enter judgment. Judge Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.