Flowers v. Sollie

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Motion to Dismiss filed by Billy Sollie, 11 Report and Recommendations, Signed by Chief District Judge Daniel P. Jordan, III on 5/18/18 (MGB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
DE’ANGELO FLOWERS

PETITIONER

V.

CIVIL ACTION NO. 3:17-CV-766-DPJ-FKB

BILLY SOLLIE

RESPONDENT
ORDER

This 28 U.S.C. § 2241 habeas petition is before the Court on the Report and
Recommendation (“R&R”) [11] of United States Magistrate Judge F. Keith Ball. Judge Ball
recommended that Defendant Billy Sollie’s Motion to Dismiss [10] be granted and pro se
Petitioner De’Angelo Flowers’s Petition be dismissed for failure to state a claim and failure to
exhaust. R&R [11] at 1–2. Flowers failed to object to the R&R, and the time to do so has now
passed. Instead, the copy of the R&R the Court mailed Flowers at the address he provided was
returned as undeliverable. Returned Mail [12]. Defendant has since updated the Court that
Flowers pleaded guilty to the crimes with which he was charged, so he is no longer a pre-trial
detainee. Def.’s Supp. [13]. As such, Flowers’s Petition challenging his pre-trial detention is
now moot. See Fassler v. United States, 858 F.2d 1016, 1018 (5th Cir. 1988).
The Court, having fully reviewed the unopposed Report and Recommendation of the
United States Magistrate Judge, and being advised in the premises, finds that the Report and
Recommendation should be adopted as the opinion of this Court as modified to add that
dismissal is also proper on the grounds of mootness.
IT IS, THEREFORE, ORDERED that the Report and Recommendation [11] of United
States Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as modified as the

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finding of this Court. The Motion to Dismiss [10] is granted, and the Petition [1] is dismissed.
A separate judgment will be entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 18th day of May, 2018.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE

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