Carter v. Lake

Filing 12

ORDER accepting and adopting 11 Report and Recommendation. Petitioner Carter's Petition for Writ of Habeas Corpus (doc. 1 ) is DISMISSED as moot; A Certificate of Appealability is denied and shall not issue; and The Clerk of the Court is directed to close the case. Signed by Judge Jennifer G Zipps on 5/25/2017. (SIB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Halston Carter,
Petitioner,

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ORDER

v.

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No. CV-14-02599-TUC-JGZ

S. Lake,

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Respondent.

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Pending before the Court is a Report and Recommendation issued by United

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States Magistrate Judge Eric J. Markovich. (Doc. 11.) Judge Markovich recommends

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dismissing Petitioner Halston Carter’s Petition for Writ of Habeas Corpus as moot. (Doc.

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11.)

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Having reviewed the record, the Court concludes that Magistrate Judge

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Markovich’s recommendations are not clearly erroneous and will adopt the Report and

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Recommendation. See 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72; Johnson v. Zema

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Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14 F.

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Supp. 2d 1203, 1204 (D. Or. 1998). Petitioner Halston Carter requests an order

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expunging a Bureau of Prisons (BOP) incident report relating to the possession of alcohol

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and restoring Petitioner’s good time credits and other privileges. (See doc. 1.) Because

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Petitioner was released from BOP custody on October 13, 2016, the Court cannot grant

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the requested relief and the Petition is now moot.1

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See https://www.bop.gov/inmateloc/.

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Accordingly, IT IS ORDERED as follows:

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The Report and Recommendation (doc. 11) is accepted and adopted;

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Petitioner Carter’s Petition for Writ of Habeas Corpus (doc. 1) is DISMISSED

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as moot;

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A Certificate of Appealability is denied and shall not issue; and

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The Clerk of the Court is directed to close the case.

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Dated this 25th day of May, 2017.

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