NEWSOME v. UNITED STATES OF AMERICA

Filing 24

ORDER DISMISSING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS: The petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (doc. 1 ) is hereby DISMISSED. The clerk is directed to enter judgment. Signed by SENIOR JUDGE WILLIAM STAFFORD on 6/17/15. (amm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

CRYSTAL LYNNE NEWSOME,
Petitioner,
v.

4:12cv251-WS/CAS

WARDEN OF FCI TALLAHASSEE,
Respondent.

ORDER DISMISSING PETITIONER'S
PETITION FOR WRIT OF HABEAS CORPUS
Before the court is the magistrate judge's report and recommendation
docketed May 18, 2015. See Doc. 20. The magistrate judge recommends that the
petitioner's petition for writ of habeas corpus be denied. The petitioner has filed no
objections to the report and recommendation.
Having considered the matter, this court has determined that the case should
be dismissed. The petitioner filed this habeas action in early 2012 in the United
States District Court for the Northern District of South Carolina. The petitioner
challenged the execution of her sentence, asserting that the Bureau of Prisons

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(“BOP”) denied her full credit for time served in state custody. The case was
transferred to this court by order entered May 17, 2012.
As noted by the magistrate judge, BOP’s website reveals that the petitioner
was released from custody on December 21, 2012. Since that time, she has not
filed any pleadings or otherwise inquired into the status of her case, and mail sent
to her from the court has been returned as “undeliverable.” Under these
circumstances, the case is likely now moot and, in any event, should be dismissed
for failure to prosecute.
Accordingly, it is ORDERED:
1. The petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241 (doc. 1) is hereby DISMISSED.
2. The clerk is directed to enter judgment stating: "Petitioner Newsome’s
petition for writ of habeas corpus (doc. 1) is DISMISSED for failure to prosecute.”
DONE AND ORDERED this

17th

day of

June

, 2015.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE