Lowe v. C Paul Phelps Correctional Center

Filing 10

MEMORANDUM RULING re 7 Objection to Report and Recommendations filed by Bryan Lowe are OVERRULED and the habeas will be dismissed in accordance with the Magistrate Judge's recommendation. Signed by Judge Patricia Minaldi on 04/21/2009. (crt,Benoit, J)

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IN LAKE CHARLES, LA RECEIVED PPRI,2 ~2OO9 TONY H. MOORE. CLERK ylFflN DISTffiCT OF LOUISIANA UNITED STATES DISTRICT COURT `/`EPJ'4 DISTRICI' OF LOUISIANA LAKE CHARLES DIVISION DOCKET NO. 2:O8CV-674 JUDGE MINALDI BRYAN LOWE VERSUS WARDEN, C. PAUL PHELPS CORRECTIONAL CENTER A/K/A ROBERT HENDERSON MAGISTRATE JUDGE KAY MEMORANDUM RULING Currently before the court is the petitioner's "Response," which is being considered as an Objection to the Report and Recommendation issued by the Magistrate Judge. The Magistrate Judge recommends that the petitioner's habeas suit be dismissed as moot as the petitioner is no longer in custody. Lowe requests that this case not be dismissed as he believes that his civil rights have been violated. He seeks monetary damages and termination of his parole. Because the defendant is no longer in custody, his habeas action will be dismissed. The further remedies that the petitioner seeks, if viable, should be raised in a separate action pursuant to 42 U.S.C. 1983. A habeas suit is an inappropriate vehicle for these remedies. Accordingly, the petitioner's objections ARE OVERRULED and the habeas will be dismissed in accord with the Magistrate Judge's recommendation. Lake Charles, Louisiana, this ~M day ofApril, 2009. UNITED STATES DISTRiCT JUDGE

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