Stone v. United States of America

Filing 18

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 4/14/2016. (AHI )

FILED
2016 Apr-14 AM 10:51
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
LATURUS M. STONE,
Petitioner,
vs.
UNITED STATES OF
AMERICA,
Respondent.

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) Case Nos. 1:12-CV-08032-CLS-JEO
1:06-CR-00023-CLS-RRA
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MEMORANDUM OPINION

The magistrate judge to whom the “Motion to Vacate, Set Aside, or Correct
Conviction and Sentence” of Laturus M. Stone was assigned filed a report and
recommendation on March 28, 2016, finding that the motion is due to be denied.
(Doc. 16). A copy of the report and recommendation was served upon Stone at his
last known address at FCI Beaumont, Beaumont, Texas. It has been returned as
undeliverable, due to the fact that he is no longer at the institution. Stone, therefore,
has failed to keep this Court informed of his present address. The Court also has
determined that he has been released from custody, which moots his sentencing claim
in this action. See Cleckler v. United States, 410 F. App’x 279, 283 (11th Cir. 2011)
(“Ordinarily, if a habeas petitioner attacks only his sentence, and the sentence expires

before final adjudication of the habeas petition, the case is moot.”).1
Accordingly, this matter is due to be dismissed without prejudice. An order in
accordance with the Court’s findings will be entered.
DONE this 14th day of April, 2016.

______________________________
United States District Judge

1

Unpublished opinions of the Eleventh Circuit Court of Appeals are not considered binding
precedent; however, they may be cited as persuasive authority. 11th Cir. R. 36-2.
2