Scott v. Martin

Filing 30

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS - This Court has reviewed the Report and Recommendation of the Magistrate Judge, as well as the court filings and the relevant law, and concludes that the findings in the Report and Recommendation [28 ] should be and are hereby adopted as this Court's own. Accordingly, this court dismisses this case without prejudice and orders that the parties are to bear their own costs. A Final Judgment shall be entered this date in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Henry T. Wingate on 7/2/2019 (ND)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
DERRICK SCOTT
#26724-044
vs.

PETITIONER
CIVIL ACTION No. 3:16-CV-388-HTW-LRA

WARDEN UNKNOWN MARTIN

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
OF MAGISTRATE JUDGE
BEFORE THIS COURT is the Report and Recommendation of the United States
Magistrate Judge Linda R. Anderson [doc. no. 28]. Petitioner filed the instant habeas corpus
petition under Title 28 U.S.C. §2241. Petitioner was released from the custody of the Federal
Bureau of Prisons on June 18, 2018, and has not provided this court with a current address. Given
his failure to demonstrate a continuing injury since his release and his failure to maintain a current
address with the clerk of court, the Magistrate Judge recommended that Scott’s Petition be
dismissed without prejudice. The Magistrate Judge also recommended that if petitioner filed a
timely objection to the Report and Recommendation demonstrating that his claims were not moot,
that he should be allowed to proceed on his claims.
Petitioner has not filed an objection to the Magistrate’s Report and Recommendation. The
mail sent to petitioner containing his copy of the Report and Recommendation was returned as
“Refused.”
This Court has reviewed the Report and Recommendation of the Magistrate Judge, as well
as the court filings and the relevant law, and concludes that the findings in the Report and
Recommendation [doc. no.

28] should be and are hereby adopted as this Court’s own.

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Accordingly, this court dismisses this case without prejudice and orders that the parties are to
bear their own costs.
A Final Judgment shall be entered this date in accordance with Rule 58 of the Federal Rules
of Civil Procedure.
SO ORDERED AND ADJUDGED, this the 2nd day of July, 2019.
s/ HENRY T. WINGATE
UNITED STATES DISTRICT COURT JUDGE

Order Adopting Report and Recommendation
Scott v. Martin
3:16-cv-388-HTW-LRA

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