Villerreal v. Ping

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations and DISMISSES the 1 Petition for Writ of Habeas Corpus without prejudice as moot. Signed by District Judge Kristi H. Johnson on 6/4/2024 (LAT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
SEGUNDO PASTOR LOPEZ VILLERREAL
V.

PETITIONER

CIVIL ACTION NO. 3:23-CV-3151-KHJ-MTP

ACTING WARDEN L. PING

RESPONDENT
ORDER

Before the Court is the [11] Report and Recommendation of United States
Magistrate Judge Michael T. Parker. The Report recommends dismissing as moot
pro se Petitioner Segundo Pastor Lopez Villerreal’s [1] Petition for Writ of Habeas
Corpus. The Court adopts the Report and dismisses the Petition without prejudice.
Petitioner filed this habeas action in December 2023. [1] at 1. At that time, he
was incarcerated in a federal prison. See id. His Petition argued that he had earned
First Step Act time credits, which the Bureau of Prisons had not applied to his
sentence. See id. at 2. He submitted: “If his [time credits] were applied to his
supervised release, the Petitioner would be released to ICE custody.” Id. at 7.
In April 2024, Respondent requested that the Court dismiss the Petition as
moot. Resp. [10] at 1−2. Respondent explained that “Villerreal was released by the
prison to ICE custody,” so he had “already obtained his requested relief.” Id. at 2;

see also Landers Decl. [10-1] ¶ 5.

The Report accordingly recommends dismissing the Petition as moot. See [11]
at 1−3. The Report notified Petitioner that failure to file written objections would
bar further appeal in accordance with 28 U.S.C. § 636. See id. at 3.
When no party objects to a Magistrate Judge’s report, the Court need not
review it de novo. See 28 U.S.C. § 636(b)(1). Instead, the Court can apply the clearly
erroneous, abuse-of-discretion, and contrary-to-law standard of review. See United

States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam).
Petitioner did not object to the Report, and the time to do so has passed. The
Court finds that the Report is not clearly erroneous or contrary to law. So the Court
adopts the Report as the opinion of this Court.
The Court has considered all arguments. Those not addressed would not have
changed the outcome. For the stated reasons, the Court ADOPTS the [11] Report
and Recommendation of United States Magistrate Judge Michael T. Parker; and
DISMISSES the [1] Petition for Writ of Habeas Corpus without prejudice as moot.
The Court will issue a separate final judgment consistent with this Order.
SO ORDERED, this 4th day of June, 2024.
s/ Kristi H. Johnson
UNITED STATES DISTRICT JUDGE

2