Pilon v. United States of America

Filing 6

MEMORANDUM OPINION. Signed by Chief Judge Karon O Bowdre on 6/3/2016. (AVC)

FILED
2016 Jun-03 AM 08:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
VERNA RUBY PILON,
Petitioner,
v.

UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
7:16-cv-0665-KOB-JEO

MEMORANDUM OPINION
On April 22, 2016, Petitioner Verna Ruby Pilon, a federal prisoner acting pro se, filed
this action seeking a writ of habeas corpus under 28 U.S.C. § 2241. (Doc. 1). Pilon demanded
her immediate release arguing that the federal district court in Illinois that imposed her sentence
lacked jurisdiction. (Id.)
On May 9, 2016, the magistrate judge entered a report and recommendation,
recommending that the court dismiss the action for lack of jurisdiction under 28 U.S.C. §
2255(e). (Doc. 3). That same day, the court mailed a copy of the report to Pilon at the Federal
Correctional Institution in Aliceville, Alabama, the address on file with the court. On May 16,
2016, however, the postal service returned the mailing to the court, with a notation indicating that
Pilon is no longer at the Aliceville facility. (Doc. 5). An online search using the Federal Bureau
of Prisons inmate locator further revealed that Pilon was, in fact, released from the Aliceville
facility on April 29, 2016.
Because Pilon failed to give the court an updated address, she never received a copy of

the report. As such, she has filed no objections to the report, and her time to do so has now
lapsed.
Having carefully reviewed and considered de novo all the materials in the court file,
including the magistrate judge’s report and recommendation, the court ADOPTS the magistrate
judge’s report and ACCEPTS his recommendation to dismiss this action for lack of jurisdiction.
Regardless of any potential mootness issues occasioned by Pilon’s release, the court lacks
jurisdiction under § 2255(e) for the reasons stated in the R&R. Accordingly, the court finds that
the petition for a writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE for
want of jurisdiction. The court will enter a separate Final Order.
DONE and ORDERED this 3rd day of June, 2016.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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