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)

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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

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