Bracey v. Secretary, Department of Corrections et al.

Filing 72

ORDER denying 71 Defendant's Motion for relief under rules 41 and 42. Signed by Judge Charlene Edwards Honeywell on 5/27/2022. (JDE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
VONDALE LAMAR BRACEY,
Petitioner,
-vs-

Case No.

5:17-cv-364-CEH-PRL

SECRETARY, DEPARTMENT
OF CORRECTIONS, et al.,
Respondents.
____________________________/
ORDER
This matter comes before the Court upon consideration of Petitioner Vondale
Lamar Bracey’s motion for relief under Rules 41 and 42 of the Federal Rules of Civil
Procedure.

Doc. 71.

Petitioner states that he “is seeking for the law of Rule 41(b)

[to pertain] to his” petition for writ of habeas corpus under 28 U.S.C. § 2254.
2.

Id. at

The petition challenged the Florida Department of Corrections’ calculation of

Petitioner’s release date.

Doc. 1.

On August 31, 2020, the Court dismissed the

petition for failure to exhaust administrative remedies. Doc. 55.

Petitioner was

released from prison on August 21, 2021.1
The Court denied Petitioner’s motions for reconsideration (Docs. 57, 59), and
Petitioner appealed (Doc. 60).

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On October 8, 2021, the Court of Appeals denied

See www.dc.state.fl.us.
1

Petitioner’s motion for a certificate of appealability.

Doc. 70.

It is not entirely

clear what relief Petitioner seeks in the present motion, but he appears to seek
another opportunity to litigate his petition. Doc. 55. Here, the Court of Appeals
denied a certificate of appealability.

Doc. 70.

Petitioner’s request for relief in his

petition—release from custody—has already occurred.

Nor is there any legal basis

to apply Fed. R. Civ. P. 41 or 42 to this case, as Petitioner requests. Accordingly,
Petitioner’s motion (Doc. 71) is DENIED.
DONE AND ORDERED in Ocala, Florida, on May 27, 2022.

Copies to:
Petitioner pro se
Counsel of Record

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