Chi v. USA

Filing 19

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 14 Report and Recommendation. ORDERED that the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 is DISMISSED without prejudice as moot. All other motions by either party not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 8/18/2015. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

ANSON CHI, #44588-177

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:15cv260
CRIM NO. 4:12CR00155-001

ORDER OF DISMISSAL
Petitioner Anson Chi, a prisoner confined in the Fannin County Jail, proceeding pro se, filed
the above-styled and numbered petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The
cause of action was referred to United States Magistrate Judge Christine A. Nowak, who issued a
Report and Recommendation concluding that the petition should be dismissed without prejudice as
moot. Petitioner has filed objections.
The present petition was filed during the pendency of criminal proceedings in Criminal
Number 4:12CR00155-001. On June 11, 2015, Petitioner was sentenced to 240 months of
imprisonment. Consequently, on July 14, 2015, Magistrate Judge Nowak issued the Report and
Recommendation correctly explaining that the pretrial petition for a writ of habeas corpus is moot
since Petitioner has now been convicted. Fassler v. United States, 858 F.2d 1016, 1018 (5th Cir.
1988). Petitioner’s remedies at this juncture may include a direct appeal from his conviction or a
collateral challenge pursuant to 28 U.S.C. § 2255. The records in Petitioner’s criminal case reveal that
he filed a notice of appeal on June 17, 2015. In his objections, Petitioner discusses grounds for relief
which purportedly show that he was erroneously convicted. However, a pretrial petition for a writ of
habeas corpus is not the correct forum for bringing such claims; instead, they must be raised on direct
appeal to the Fifth Circuit or subsequently in a § 2255 proceeding.
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The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of the objections raised by Petitioner to the Report, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct and Petitioner’s objections are
without merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge
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as the findings and conclusions of the Court. It is accordingly
ORDERED that the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 is
DISMISSED without prejudice as moot. All other motions by either party not previously ruled on
are hereby DENIED.
SIGNED this 18th day of August, 2015.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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