McGee v. Blackmon

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations Signed by District Judge Daniel P. Jordan, III on 4/3/17 (Mailed to Plaintiff)(MGB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
GERALD DEVAUGHN MCGEE

PETITIONER

v.

CIVIL ACTION NO. 3:15cv177-DPJ-FKB

WARDEN UNKNOWN BLACKMON

RESPONDENT
ORDER

This habeas petition is before the Court on the Report and Recommendation [14] of
United States Magistrate Judge F. Keith Ball, recommending dismissal of this action. Petitioner
filed this action challenging the computation of his sentence while he was incarcerated at the
Federal Correctional Complex in Yazoo City, Mississippi. Petitioner was released from
imprisonment on April 8, 2016.
Judge Ball concluded that, given Petitioner’s release from custody, there is no remaining
live case or controversy over which this Court has jurisdiction. R&R [14] at 2 (citing Lawson v.
Berkebile, 308 F. App’x 750, 752 (5th Cir. 2009)). Judge Ball therefore recommended dismissal.
Petitioner was given fourteen days to object. Petitioner did not file an Objection, and the time to
do so has passed.
The Court finds that the unopposed Report and Recommendation [14] should be adopted
as the opinion of the Court. This action is dismissed. A separate judgment will be entered in
accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 3rd day of April, 2017.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE