Perry v. Christensen

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
DAMIEN PERRY,
Petitioner,
v.
DAVID CHRISTENSEN,
Respondent.
9:22-cv-1161 (BKS/ML)
Appearances:
For Petitioner:
25201-014
Fort Dix
Federal Correctional Institution
P.O. BOX 2000
Joint Base MDL, NJ 08640
For Defendant:
Ranson Reynolds, III,
Assistant United States Attorney
100 South Clinton Street
Syracuse, NY 13261-7198
Hon. Brenda K. Sannes, Chief United States District Judge:
MEMORANDUM-DECISION AND ORDER
Petitioner Damien Perry, a federal inmate, filed a writ of habeas corpus under 28 U.S.C. §
2241 asserting that the Bureau of Prisons failed to credit him with 1,462 days that he served
awaiting trial and sentencing. (Dkt. No. 1). On March 20, 2023, Respondent filed an answer,
accompanied by records related to the matter. (Dkt. No. 6). Petitioner filed a reply on April 17,
2023. (Dkt. No. 12). This matter was assigned to United States Magistrate Judge Miroslav Lovric
who, on February 4, 2026, issued a Report-Recommendation and Order recommending, inter
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alia, that the Petition be denied as moot because Petitioner had been released from custody
pursuant to an Order of Clemency on July 16, 2025. (Dkt. No. 24, at 8). Magistrate Judge Lovric
advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file
written objections to the report, and that the failure to object to the report within fourteen days
would preclude appellate review. (Dkt. No. 24, at 16).
No objections were filed. Having reviewed the Report-Recommendation for clear error
and found none in the recommendation that the Petition be denied as moot, the Court adopts that
recommendation. For these reasons, it is
ORDERED that the recommendation in the Report-Recommendation that the Petition be
denied as moot (Dkt. No. 24) is ADOPTED; and it is further
ORDERED that the Petition is DENIED as moot; and it is further
ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with
the Local Rules.
IT IS SO ORDERED.
Dated: February 26, 2026
Syracuse, New York
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