Holland v. Williams

Filing 17

Opinion and Order signed by Judge James S. Gwin on 11/18/21. Because no party has objected to the Report and Recommendation, this Court may adopt the R&R without further review. Moreover, having conducted its own review of the petition and record, the Court agrees with the legal conclusions in the R&R. Accordingly, the Court DISMISSES Petitioner Hollands petition without prejudice. re 1 16 (T,A)

Case: 4:20-cv-01136-JG Doc #: 17 Filed: 11/18/21 1 of 2. PageID #: 52

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
LUCAS HOLLAND,
Plaintiff,
v.
WARDEN MARK K. WILLIAMS,
Defendant.

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CASE NO. 4:20-CV-01136
OPINION & ORDER
[Resolving Doc. 16]

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

Pro se Petitioner Lucas Holland brought this emergency habeas corpus petition due
to a COVID-19 outbreak at FCI Elkton, where Holland was then incarcerated.1 The Court
denied that petition without prejudice citing Petitioner’s failure to properly exhaust his
claim.2 The Court later granted Petitioner’s request to reopen the case.3
On July 26, 2021 Magistrate Judge Carmen E. Henderson recommended dismissing
Holland’s petition without prejudice.4 Because Holland’s petition seeks injunctive relief
against FCI Elkton and Holland is no longer incarcerated there,5 Judge Henderson
determined that Holland’s complaint is moot.6

1

Doc. 1.
2
Doc. 8.
3
Doc. 12.
4
Doc. 16.
5
Holland is incarcerated at Montgomery FPC in Alabama. See https://www.bop.gov/inmateloc/ Inmate number:
13306-025 (last visited Nov. 11, 2021). At the time Judge Henderson issued her opinion, Holland was incarcerated at FCI
Ashland in Kentucky.
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Doc. 16.

Case: 4:20-cv-01136-JG Doc #: 17 Filed: 11/18/21 2 of 2. PageID #: 53
Case No. 4:20-CV-01136
GWIN, J.
Because no party has objected to the Report and Recommendation, this Court may
adopt the R&R without further review.7 Moreover, having conducted its own review of the
petition and record, the Court agrees with the legal conclusions in the R&R.
Accordingly, the Court DISMISSES Petitioner Holland’s petition without prejudice.
IT IS SO ORDERED.

s/

Dated: November 18, 2021

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

7

Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b).

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