Hillard v. Bauman

Filing 13

ORDER ADOPTING 11 Report and Recommendation, DISMISSING WITHOUT PREJUDICE as moot 1 Petition for a Writ of Habeas Corpus pursuant to 28 USC § 2241. Signed by Honorable Stephen P. Friot on 10/9/14. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

ROBERT S. HILLARD,
Petitioner,
-vsJIM BAUMAN, Logan County,
Sheriff,
Respondent.

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Case No. CIV-14-838-F

ORDER
United States Magistrate Judge Suzanne Mitchell issued a Report and
Recommendation, recommending that petitioner, Robert S. Hillard’s petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241 be dismissed without prejudice as
moot. Magistrate Judge Mitchell found that because respondent, Jim Bauman, no
longer has custody of petitioner, he is powerless to provide any relief the court might
order. Magistrate Judge Mitchell also found that because petitioner is now being held
in Nebraska, outside the district of confinement, he is outside of this court’s habeas
jurisdiction.
Petitioner has timely objected to Magistrate Judge Mitchell’s Report and
Recommendation. In accordance with 28 U.S.C. § 636(b)(1), the court has conducted
a de novo review of the matter. Having done so, the court concurs with the analysis
and recommendation of Magistrate Judge Mitchell. The court finds that petitioner’s
§ 2241 petition should be dismissed without prejudice as moot. Griffin v. Kastner,
507 Fed. Appx. 801, 802-803 (10th Cir. 2013). Therefore, the court accepts, adopts
and affirms the Report and Recommendation in its entirety.

Accordingly, the Report and Recommendation of United States Magistrate
Judge Suzanne Mitchell issued on September 18, 2014 (doc. no. 11) is ACCEPTED,
ADOPTED and AFFIRMED. Petitioner, Robert S. Hillard’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED WITHOUT
PREJUDICE as moot. Judgment shall issue forthwith.
DATED October 9, 2014.

14-0838p001.wpd

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