RUSS v. DIXON

Filing 7

ORDER. The magistrate judge's Report and Recommendation (Doc. 5 ) is adopted and incorporated by reference in this Order. This case is DISMISSED pursuant to Rule 4 of the Rules Governing §2254 Cases. The Clerk shall enter judgment in accordance with this Order and close the case file. Signed by JUDGE T KENT WETHERELL II on 11/21/22. (jfj)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
STANLEIGH RUSS,
Petitioner,
v.

Case No. 5:22cv202-TKW-HTC

RICKY DIXON,
Defendant.
______________________/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 5) and Petitioner’s objection (Doc. 6). The Court reviewed
the issues raised in the objection de novo as required by 28 U.S.C. §636(b)(1) and
Fed. R. Civ. P. 72(b)(3), and based on that review, the Court agrees with the
magistrate judge’s determination that Petitioner has not stated a plausible claim for
habeas relief.
The Court did not overlook the cases cited by Petitioner for the proposition
that a §2241 habeas petition can be used to seek expungement of a disciplinary report
if expungement is likely to accelerate the prisoner’s eligibility for parole. Doc. 6 at
2 (citing Bostic v. Calrson, 884 F.2d 1267, 1269 (9th Cir. 1989), and McCollum v.
Miller, 695 F. 2d 1044, 1047 (7th Cir. 1982)). However, putting aside the fact that
those out-of-Circuit cases are not binding on this Court and one of them (Bostic) was

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subsequently overruled, see Nettles v. Grounds, 830 F.3d 922, 931 (9th Cir. 2016)
(en banc), those cases do not help Petitioner because he is ineligible for parole or
any other form of early release since the Department of Corrections’ website
indicates that he is serving a life sentence for an offense committed in 2012—long
after Florida abolished parole.
Accordingly, it is ORDERED that:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.
2.

This case is DISMISSED pursuant to Rule 4 of the Rules Governing

§2254 Cases.
3.

The Clerk shall enter judgment in accordance with this Order and close

the case file.
DONE and ORDERED this 21st day of November, 2022.

__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE

Case No. 5:22cv202-TKW-HTC