Phillips v. USA

Filing 18

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 2/28/2018. (KEK)

FILED
2018 Feb-28 AM 09:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
ROBERT PHILLIPS,
Petitioner
vs.
UNITED STATES OF AMERICA,
Respondent

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Case No. 1:17-cv-00780-MHH-HNJ

MEMORANDUM OPINION
On February 6, 2018, the magistrate judge entered a report in which he
recommended that the Court dismiss this 28 U.S.C. § 2241 habeas action as moot
because petitioner Robert Phillips “has served all prison time imposed for his federal
conviction, has been released from Bureau of Prisons custody, and is no longer
subject to a term of supervised release.” (Doc. 17, p. 2). The magistrate judge
advised the parties of their right to file objections to the report and recommendation
within 14 days. (Doc. 17, pp. 4-5). To date, no party has filed objections to the
magistrate judge’s report and recommendation.
A district court “may accept, reject, or modify, in whole or part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A
district court reviews legal conclusions in a report de novo and reviews for plain

error factual findings to which no objection is made. Garvey v. Vaughn, 993 F.2d
776, 779 n.9 (11th Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749 (11th
Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006).
Having reviewed and considered all the materials in the Court file, the Court
finds no misstatements of law in the report and no plain error in the magistrate
judge’s description of the relevant facts.

Therefore, the Court adopts the

magistrate judge’s report and accepts his recommendation.
The Court will enter a separate final order dismissing this action as moot.
DONE and ORDERED this February 28, 2018.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE