Summers v. Sanders

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate 8 Report and Recommendations, and DISMISSING Petition due to release from BOP rendering issue moot. Copy of Order mailed to Plaintiff at his last known address. Signed on 2/11/16 by District Judge M. Douglas Harpool. (View, Pat)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
RYAN SUMMERS,
Plaintiff,
v.
LINDA SANDERS,
Defendant.

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Case No. 14-03312-CV-MDH

ORDER
Before the Court is Plaintiff’s pro se Petition for Writ of Habeas Corpus. (Doc. No. 1).
Pursuant to the governing law and in accordance with Local Rule 72.1 of the United States
District Court for the Western District of Missouri, the Petition was referred to the United States
Magistrate Judge for preliminary review under 28 U.S.C. § 636(b). The United States Magistrate
Judge has completed his preliminary review of Plaintiff’s pro se Petition and has submitted a
report and recommendation to the undersigned. (Doc. No. 8). Plaintiff has not filed exceptions
to the Report and Recommendation and the time to do so has expired.1 The matter is now ripe
for ruling.
Based on an independent and careful review of the record before the Court, the Court
hereby adopts and incorporates herein by reference the report and recommendation of the
Magistrate Judge. As demonstrated by the record before the Court, Plaintiff is no longer in the
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The Court notes that the Report and Recommendation was sent to Plaintiff at the Medical
Center for Federal Prisoners. The docket reflects that mail was returned as undeliverable. As
reflected in the Court’s record, and the Report and Recommendation, Plaintiff is no longer in the
custody of the BOP. The Court further states based on its ruling that Plaintiff’s pro se Petition is
moot, the failure of the clerk to send the Report and Recommendation to Plaintiff’s correct
address does not prejudice the Plaintiff.

custody of Respondent. Based on Plaintiff’s release from custody, the Court finds that Plaintiff’s
pro se Petition should be dismissed as moot. Plaintiff’s petition requested the Court enjoin the
BOP from involuntarily medicating him. His release has rendered this issue moot.
WHEREFORE, the Court ORDERS that the report and recommendation of the United
States Magistrate Judge is ADOPTED and Plaintiff’s pro se Petition for Writ of Habeas Corpus
(Doc. No. 1) is DISMISSED as moot.

IT IS SO ORDERED.
Date: February 11, 2016
/s/ Douglas Harpool
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE

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