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, )

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?