Derouen v. Dir TDCJ

Filing 18

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations. Signed by Judge Robert W. Schroeder, III on 12/16/2016. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
ROY DEROUEN

§

VS.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 5:14cv106

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Roy Derouen filed the above-styled petition for writ of habeas corpus.1 The Court previously
referred this matter to the Honorable Caroline M. Craven, United States Magistrate Judge, for
consideration pursuant to 28 U.S.C. § 636.
The respondent has filed a motion to dismiss. Docket No. 14. The Magistrate Judge has
submitted a Report and Recommendation of United States Magistrate Judge recommending that the
motion be granted. Docket No. 16.
Petitioner complained of a prison disciplinary conviction. The respondent asserted that the
petition was moot because the disciplinary conviction was overturned and petitioner’s good conduct
time credits restored. Petitioner filed a Notice of Joinder agreeing that the petition was moot and
should be dismissed. Docket No. 15. In her Report and Recommendation, the Magistrate Judge
concluded that as the dismissal and expungement of a disciplinary case renders a claim for federal
habeas relief based upon the case moot, the petition should be dismissed. No written objections were
filed. Having considered the Report and Recommendation for plain error, along with the record,
pleadings and all available evidence, the Court ADOPTS the findings and conclusions of the
Magistrate Judge as those of the Court.
CONCLUSION
For the reasons stated above, the findings of fact and conclusions of law of the Magistrate
judge are correct, and the Report of the Magistrate Judge is ADOPTED. The motion to dismiss is

1

The petition was filed pro se. The Court subsequently appointed counsel to represent petitioner.

GRANTED. A final judgment will be entered in accordance with the Magistrate Judge’s
recommendation.
SIGNED this 16th day of December, 2016.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE