Whitt v. Administrator of South Central Regional Jail

Filing 5

MEMORANDUM OPINION AND ORDER ADOPTING the 3 Proposed Findings and Recommendation; denying the 1 petition for a writ habeas corpus; and directing that this action is dismissed and stricken from the docket; pursuant to Federal Rule of Appellate Procedure 4(a)(1)(A), petitioner must file any appeal within 30 days after entry of the Judgment in this action. Signed by Judge John T. Copenhaver, Jr. on 2/24/2010. (cc: pro se petitioner; attys; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON

JOHN A. WHITT, Petitioner v. CIVIL ACTION NO. 2:10-0009

[ADMINISTRATOR, South Central Regional Jail], Respondent

MEMORANDUM OPINION AND ORDER

Pending is a petition for writ of habeas corpus filed January 4, 2010.

This action was previously referred to Mary E. Stanley, United States Magistrate Judge, who, on February 1, 2010, submitted her Proposed Findings and Recommendation ("PF&R") pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). On

February 5, 2010, the petitioner filed objections to the PF&R.

The magistrate judge notes that petitioner is no longer incarcerated in this district. be dismissed as moot. She recommends that the petition

Petitioner objects but concedes that he is

no longer incarcerated in this district. ORDERS as follows:

The court, accordingly,

1.

The PF&R be, and it hereby is, adopted by the court and incorporated herein;

2.

That the petition for a writ habeas corpus be, and it hereby is, denied; and

3.

This action be, and it hereby is, dismissed and stricken from the docket.

Pursuant to Federal Rule of Appellate Procedure 4(a)(1)(A), petitioner must file any appeal within 30 days after entry of the Judgment in this action. The failure within that

period to file with the Clerk of this court a notice of appeal of the Judgment will render this memorandum opinion and order and the Judgment final and unappealable.

The Clerk is directed to forward copies of this written opinion and order to the pro se petitioner, all counsel of record, and the United States Magistrate Judge. DATED: February 24, 2010 John T. Copenhaver, Jr. United States District Judge