Dunmon v. Henry County Jail, et al

Filing 9

OPINION AND ORDER adopting Magistrate Judge Linda T. Walker's Final Report and Recommendation 7 and dismissing this action without prejudice. Signed by Judge William S. Duffey, Jr. on 6/20/18. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JESSIE L. DUNMON,
Petitioner,
1:18-cv-933-WSD

v.
HENRY COUNTY JAIL and
SUPERIOR COURT,
Respondents.

OPINION AND ORDER
This matter is before the Court on Magistrate Judge Linda T. Walker’s Final
Report and Recommendation [7] (“Final R&R”) recommending dismissing the
action without prejudice.
On March 1, 2018, Jessie L. Dunmon (“Petitioner”) sent the Court a letter
complaining about his pending criminal case in the Superior Court of Henry
County. ([1]). Petitioner alleged in his habeas petition that he was unlawfully
confined because he had been denied bond, had not been charged or indicted, and
had not had any other court proceedings. ([3] at 4-5). As a result, the Court sent
Petitioner an Application to Proceed In Forma Pauperis [2] (“IFP Application”),
which Petitioner then submitted. ([3], [4]). Petitioner’s IFP Application showed

that he was not indigent, and, on March 29, 2018, the Court denied him leave to
proceed in forma pauperis. ([5] (“March 29th Order”)). The Court, in the same
March 29th Order, directed Petitioner to submit the $5 filing fee. On
April 4, 2018, Petitioner notified the Court that he was attempting to have the
filing fee deducted from his inmate financial account. ([6]). On May 15, 2018, the
Magistrate Judge issued her Final R&R recommending the action be dismissed
without prejudice. No party filed objections to the Final R&R.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1);
Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied,
459 U.S. 1112 (1983). Where, as here, no parties filed objections to the Final
R&R, the Court reviews it for plain error. United States v. Slay, 714 F.2d 1093,
1095 (11th Cir. 1983), cert. denied, 464 U.S. 1050 (1984).
The Magistrate Judge first found Petitioner in violation of a lawful court
order because he failed to submit his $5 filing fee. ([7] at 2); see also
Fed. R. Civ. P. 41(b); LR 41.3A(2), NDGa. The Magistrate Judge next found
Petitioner’s request for habeas relief now moot since he is no longer detained

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without bond, charges, or court proceedings1. (Id. at 2-3). The Magistrate Judge
noted that the “Court can no longer provide the relief Petitioner sought in his
habeas petition because he is no longer a pretrial detainee and is now confined
pursuant to a judgment of conviction.” (Id.). The Court finds no plain error in the
Magistrate Judge’s findings or recommendation.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Linda T. Walker’s Final
Report and Recommendation [7] is ADOPTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.

SO ORDERED this 20th day of June, 2018.

1

The Superior Court of Henry County indicates that, on April 30, 2018,
Petitioner pled guilty to a number of crimes and was sentenced to imprisonment.
See Henry Cty. Court Docket Search,
https://hcwebb.boca.co.henry.ga.us/SuperiorCMWebSearch/ (case number
SUCR2017000300).
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