DICKSON v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 11

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AS MOOT; THERE ARE NO GROUNDS TO ISSUE A CERTIFICATE OF APPEALABILITY AND THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURRPOSES. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/9/16. 2/9/16 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES ELIJAH DICKSON,
Petitioner,
v.
COMMONWEALTH OF
PENNSYLVANIA, et al.
Respondents.

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Civ. No. 13-3259

ORDER
Petitioner filed a habeas petition on June 10, 2013, challenging his arrest and
pretrial detention in Schuylkill County. (Doc. No. 1.) As the Commonwealth’s
Response and the state-court records demonstrate, on September 18, 2013, the
charges against Petitioner were dropped and he was released.

(Doc. No. 8.)

Accordingly, Magistrate Judge Jacob B. Hart recommends that I deny the Petition
as moot. (Doc. No. 9); see Scott v. Schuylkill FCI, 298 F. App’x 202, 204 (3d Cir.
2008) (petition challenging imprisonment is moot unless the petitioner
demonstrates that collateral consequences persist); Novas v. Immigration &
Customs Enf’t (ICE), 303 F. App’x 115, 118 (3d Cir. 2008) (release from custody
moots petition in which relief sought is release from custody). No objections have
been filed. I will thus deny the Petition as moot.

AND NOW, this 8th day of February, 2016, upon consideration of the
Report and Recommendation of Magistrate Judge Jacob B. Hart (Doc. No. 9), to
which no objections have been filed, and all related filings, it is hereby
ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DENIED as moot.
3. There are no grounds to issue a certificate of appealability; and
4. The Clerk of Court shall CLOSE this case for statistical purposes.
AND IT IS SO ORDERED.

/s/ Paul S. Diamond
_________________________
Paul S. Diamond, J.

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