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S.D.N.Y.Procedural orderFiled Sept. 8, 2023

Lee v. Federal Bureau of Prisons

Judge
Rochon
Docket
1:22-cv-04476
Court
U.S. District Court · Southern District of New York
Pages
2
HabeasCivil Procedure
In one sentence

Lee v. Federal Bureau of Prisons: Judge Rochon adopted a recommendation to dismiss Lee’s custody petition as moot after Lee’s release.

Who this affects

Ji Yun Lee and the Federal Bureau of Prisons were affected: the petition was treated as moot, the recommendation was adopted in its entirety, and the case was closed.

What happened

In Ji Yun Lee v. Federal Bureau of Prisons, the court reviewed a magistrate judge’s recommendation to dismiss Lee’s petition asking the court to review Lee’s custody.

The recommendation said the petition was moot because Lee was released from home confinement on August 26, 2022, and was no longer in the Federal Bureau of Prisons’ custody. Lee did not file objections or request more time to do so.

Judge Jennifer L. Rochon found the recommendation well reasoned and supported by the facts and law, adopted it in its entirety, directed the clerk to close the case, and directed that a copy of the order be mailed to Lee.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Lee v. Federal Bureau of Prisons · No. 1:22-cv-04476
Judge
Rochon
Date
Sept. 8, 2023

Background

Ji Yun Lee filed a petition for a writ of habeas corpus, a request for judicial review of custody. The petition was referred to Magistrate Judge Wang, who issued a Report and Recommendation on August 18, 2023, recommending that the petition be dismissed as moot.

Objections and Review

The Report and Recommendation gave the parties fourteen days to object and warned that failing to object on time would waive the right to object. No objections or request for an extension had been filed by the date of the order. The court therefore stated that Lee had waived the right to object to the recommendation or obtain appellate review. Even so, the court reviewed the petition and recommendation and found them well reasoned and supported by the facts and law.

Ruling

The court held that the petition was moot because Lee had been released from home confinement on August 26, 2022, and was no longer in the custody of the Federal Bureau of Prisons. Judge Jennifer L. Rochon adopted the Report and Recommendation in its entirety. The clerk was directed to terminate the relevant docket entry, close the case, and mail a copy of the order to Lee.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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