Lowe v. C Paul Phelps Correctional Center
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)
IN LAKE CHARLES, LA
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?